Plaintiffs who lost all three bellwether trials over Xarelto last year have asked an appeals court to vacate the decisions, saying the judge improperly excluded evidence and gave jurors incorrect instructions.

In an opening brief filed on Monday before the U.S. Court of Appeals for the Fifth Circuit, Frederick Longer of Philadelphia’s Levin Sedran & Berman wrote that U.S. District Judge Eldon Fallon of the Eastern District of Louisiana should not have excluded evidence that would have supported the plaintiffs’ claims. Plaintiffs allege that Bayer and Johnson & Johnson’s Janssen Pharmaceuticals Inc. failed to instruct physicians that patients could get a blood test assessing their risk of bleeding when taking Xarelto, he wrote.

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