Xarelto (rivaroxaban) is a blood thinner that was approved by the U.S. Food & Drug Administration (FDA) in July 2011 to prevent strokes in patients who received hip and knee replacements. In November 2011, the approval was expanded to any patients with atrial fibrillation (irregular heartbeat). Xarelto has been widely prescribed, with millions of people taking the medication since it entered the market.

The number of lawsuits alleging injuries associated with ingestion of Xarelto continues to grow in the United States. Many of the pending lawsuits are centralized in federal court before the Honorable Eldon E. Fallon, in the Eastern District of Louisiana (“EDLA”), as part of MDL 2592. As we have previously reported, Judge Fallon has entered a series of Case Management Orders that continue to maximize the efficient management of the litigation.

On November 20, 2015, the EDLA issued Case Management Order #3, setting forth the general criteria for selecting the 40 discovery pool plaintiffs. These plaintiffs are jointly selected by the plaintiffs and defendants’ attorneys, for purposes of trial preparation.

On December 17, 2015, the EDLA issue Case Management Order #4, which provided more detailed instruction on the selection of the 40 discovery pool plaintiffs. The Order provides for

• The selection of discovery pool plaintiffs;

• The eligibility criteria of discovery pool plaintiffs; and,

• The categories of discovery pool plaintiffs.

For example, to be eligible for the discovery pool, a plaintiff must satisfy the criteria in one of the following categories: a) plaintiff, between the ages of 50 and 90, must have taken Xarelto to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and allege a gastrointestinal bleed or death; or b) plaintiff, between the ages of 40 and 80, must have taken Xarelto to treat deep vein thrombosis or pulmonary embolism and allege a gastrointestinal bleed or death; or c) plaintiff, between the ages of 50 and 90, must have taken Xarelto to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and allege rectal bleeding or death; or d) plaintiff, between the ages of 40 and 80, must have taken Xarelto to treat deep vein thrombosis or pulmonary embolism and allege rectal bleeding or death; or e) plaintiff, between the ages of 50 and 90, must have taken Xarelto to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and allege a brain bleed/hemorrhagic stroke or death; or f) plaintiff, between the ages of 40 and 80, must have taken Xarelto to treat deep vein thrombosis or pulmonary embolism and allege a brain bleed/hemorrhagic stroke or death.