Xarelto Plaintiff Faults Judge's Basis for Rejecting $28M Verdict
The Xarelto plaintiff who had her nearly $28 million verdict reversed last month has outlined the issues she plans to raise to the Pennsylvania Superior Court as part of her effort to have the multimillion-dollar award reinstated.
February 20, 2018 at 03:54 PM
4 minute read
The Xarelto plaintiff who had her nearly $28 million verdict reversed last month has outlined the issues she plans to raise to the Pennsylvania Superior Court as part of her effort to have the multimillion-dollar award reinstated.
Plaintiff Lynn Hartman on Monday filed a four-page brief challenging Philadelphia Court of Common Pleas Judge Michael Erdos' ruling from last month that granted the defense's motion for judgment notwithstanding the verdict and eliminated the $27.8 million award a jury handed up in December. The award had been the first win for plaintiffs in the Xarelto litigation after four consecutive losses in federal court.
Hartman's appeal challenges, among other things, a statement by the judge that the defendants “deserve a new trial on account of plaintiffs' highly inflammatory remarks during closing.”
Erdos made the statement during a Jan. 9 post-trial hearing, after defendants Bayer and Janssen contended that Hartman's attorneys made several inappropriate references to Bayer's past in an attempt to link the German-based company with Nazis in the minds of the jury.
Defense counsel Beth Wilkinson of Wilkinson Walsh + Eskovitz had specifically taken issue with Hartman's attorney Gary Douglas' request during closing arguments that jurors “swing the mighty sword of justice to let those folks know, in Berlin, Germany, when they sell their drugs to us Americans to make their billions” they need to include more adequate information in the label.
After the jury handed down its verdict, Bayer also pointed to social media posts by three members of the plaintiff's trial team that had used the hashtag #killinnazis in apparent connection with the Hartman trial.
During the Jan. 9 hearing, Erdos said he did not think the social media posts would have any bearing on his decision to toss the verdict, but he said he would include the evidence in the official appellate record for the Superior Court.
Hartman's Monday motion challenged Bayer's contentions, saying “no evidence of record exists to show that the jury had any exposure before reaching its verdict to any of the material,” and the “court properly explained at the conclusion of the hearing on the post-trial motions that this court would not rely on any of the material … in deciding whether to grant a new trial based on plaintiff's counsel's closing argument.”
Hartman's four-page filing was based on statements Erdos made when he ruled from the bench during the Jan. 9 post-trial hearing. During the hearing, Erdos said Hartman's arguments to overcome the learned intermediary doctrine were speculative, and that his decision to toss the verdict stemmed from Hartman's failure to provide sufficient evidence to prove proximate cause.
“I think it is speculative to say that based on [the PT test] she would have communicated the increased risks with respect to the other issues, particularly in light of her answers about not discussing percentages generally,” Erdos had said. “In fact she would not even concede that the tone and demeanor of the conversation would have been any different. She was never asked specifically if she would have communicated the new information to Mrs. Hartman as opposed to just generally.”
The first issue Hartman raised in her appellate brief focused on this aspect of Erdos' ruling, saying she plans to have the Superior Court review whether that decision was an abuse of discretion.
Levin Sedran & Berman attorney Michael Weinkowitz, who is co-liaison counsel for the plaintiffs, declined to comment about the filing.
A spokeswoman for Janssen said the company agreed with Erdos' decision to toss the verdict.
“Xarelto's FDA-approved labeling has always warned of bleeding events—a known risk associated with anticoagulation—and appropriately informs physicians of the information that they need to make treatment decisions with their patients,” spokeswoman Sarah Freeman said in an emailed statement.
A spokesman for Bayer did not return a message seeking comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPhila. Med Mal Lawyers In for Busy Year as Court Adjusts for Filing Boom
3 minute read'Recover, Reflect, Retool and Retry': Lessons From Women Atop Pa. Legal Community
3 minute readEDPA's New Chief Judge Plans to Advance Efforts to Combat Threats to Judiciary
3 minute readTrending Stories
- 1Reviewing Judge Merchan's Unconditional Discharge
- 2With New Civil Jury Selection Rule, Litigants Should Carefully Weigh Waiver Risks
- 3Young Lawyers Become Old(er) Lawyers
- 4Caught In the In Between: A Legal Roadmap for the Sandwich Generation
- 5Top 10 Developments, Lessons, and Reminders of 2024
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250