Intriguing Evidence Surfaces in Litigation Against Xarelto

The consumer case against the blood thinner Xarelto has taken an interesting twist.

Lawyers for plaintiff Dora Mingo want a retrial because the Mississippi jurors who found against her and for the Xarelto drugmakers in August weren’t aware of a key piece of evidence. Her lawyers contend it may have changed the outcome of the case.

At issue is a new study conducted and funded by Bayer Healthcare, which, along with Johnson & Johnson, makes Xarelto.

The scientific findings, contained in a medical research article published near the close of the Mingo trial, revealed that a lab test called prothrombin time, or PT, may be used to assess anticoagulant activity,” such as excessive bleeding in patients taking Xarelto.

The Bayer research contradicts a crucial element of the defense’s case, because throughout the Mingo trial, lawyers for the drugmakers told jurors that such a test was meaningless.

These jurors were told no measuring or monitoring of any kind was required, or even possible. That is simply not true, said Andy Birchfield of the Beasley Allen Law Firm and co-lead attorney for Mrs. Mingo. “The study by the Bayer scientists is just the latest example that they knew otherwise.

Mr. Birchfield recently filed a motion for a new trial based on the Bayer research and its apparent contradiction with the defendants’ trial testimony.

The case is In re: Xarelto (rivaroxaban) Products Liability Litigation, case number 2:14-md-02592 in the U.S. District Court for the Eastern District of Louisiana.

 

To speak with Andy Birchfield about the Xarelto litigation, contact Mark Annick at 214-559-4630 or mark@androvett.com.

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