Philadelphia Jury Hands Defense Win in Trial Over Xarelto
The jury rendered its verdict Friday morning, after more than two weeks of trial and about two days of deliberation.
April 27, 2018 at 12:27 PM
4 minute read
The original version of this story was published on The Legal Intelligencer
Photo: Shutterstock.com
A Philadelphia jury has handed up a defense verdict in favor of Bayer and Janssen Pharmaceuticals, finding that the label on the blood thinner Xarelto adequately warned patients about the danger of severe bleeds.
The jury, deliberating in the second Xarelto trial to come before a Philadelphia Court of Common Pleas jury, rendered its verdict Friday morning, after more than two weeks of trial and about two days of deliberation.
Attorneys for plaintiff Daniel Russell had argued that the company failed to warn doctors and the medical community about the risks of taking Xarelto, especially in conjunction with other anticoagulant medication, but the jury answered only the first question on the verdict sheet, finding that the medication's label was adequate.
The jury handed up the fourth defense verdict in Xarelto litigation in state and federal courts. A $28 million plaintiff's verdict from a Philadelphia state court jury earlier this year was set aside by the trial judge.
In statements Friday morning, the companies said the wins highlight the safety of the drug and adequacy of the warning label.
“Bayer and Janssen have had successful outcomes for all five cases that have gone to trial, and the defense verdict in this trial underscores again the safety and efficacy of this life-saving medicine, and the accuracy of Xarelto's science-based, FDA-approved label,” Bayer spokeswoman Carolyn Nagle said. “Plaintiffs' attorneys in these cases have presented multiple theories regarding the alleged inadequacy of the Xarelto label, and all of their claims ultimately have been rejected under applicable laws.”
Janssen spokeswoman Sarah Freeman said, “The jury's decision reflects the appropriateness of the FDA-approved labeling for Xarelto.”
“At Janssen, nothing is more important to us than the health and safety of the patients who use our medicines,” Freeman said. “We stand behind the safety and efficacy of Xarelto and will continue to defend against the allegations made in this litigation.”
Plaintiffs' liaison counsel, Michael Weinkowitz of Levin Sedran & Berman, said the plaintiffs plan to appeal.
The trial team for the defense was Washington-based Wilkinson Walsh + Eskovitz attorney Brian Stekloff, Sheila Boston of Arnold & Porter in New York and Tarek Ismail of Goldman Ismail Tomaselli Brennan & Baum in Chicago. Levin Papantonio Thomas Mitchell Rafferty & Proctor attorney Brian Barr, who is based in Pensacola, Florida, and Laura Feldman of Feldman & Pinto in Philadelphia represented the plaintiff.
According to the plaintiff's counsel, the Russell case was chosen for trial by the defendants.
Russell is the second Xarelto case to be tried in Philadelphia state court, and the first to focus on the defendants' alleged failure to warn about the dangers of taking Xarelto when patients are also treating with a dual antiplatelet therapy. About 25 percent of the more than 1,500 Xarelto cases pending in Philadelphia's mass tort program involve plaintiffs who took Xarelto in conjunction with Aspirin and Plavix.
During the plaintiff's 75-minute presentation, Barr argued that the drug companies put profits over patients, and said if Janssen was the Cleveland Cavaliers, then Xarelto, which was a blockbuster medication, was the company's LeBron James.
“The team fails without him,” Barr told the jury. “The marketing department needed to protect the franchise.”
Stekloff, however, outlined the numerous health problems Russell had suffered, and told jurors that Russell's treating physicians were fully aware of the risks of the drug when they decided that its benefits outweighed the risks, given the medical complications Russell was facing.
“It shows that he was a difficult patient to manage. His history of medical conditions put his heart in a bad place,” Stekloff said. “The label says it can cause serious or fatal bleeding. There is no greater warning that you can have.”
The next Xarelto trial to be held in Philadelphia is set to start June 11.
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