Despite a last ditch effort by the defendants to avoid another trip to court, Dora Mingo, who experienced a serious Xarelto bleeding event, will see her day in court. The Honorable Eldon E. Fallon, Eastern District of Louisiana, ruled in favor of the plaintiffs last week denying a request for partial summary judgment by Janssen (a unit of Johnson & Johnson) and Bayer HealthCare Pharmaceuticals Inc.
Dora Mingo developed deep vein thrombosis (DVT) after having her hip replaced in 2015. She was given Xarelto to treat the DVT. Like many other individuals harmed by Xarelto, Mingo experienced uncontrollable bleeding that required hospitalization. Mingo’s lawsuit alleges that Janssen and Bayer knew of the Xarelto bleeding events likelihood and did not warn patients or doctors.
There are more than 18,000 Xarelto bleeding lawsuits centralized in federal multidistrict litigation under the care of Judge Fallon in Lousiana. Mingo’s case is serving as the third bellwether trial, selected by the court to be fully prepared and tried by a jury. Mingo’s case is designed to help move along possible settlements for other individuals injured by Xarelto in order to avoid clogging the courts with 18,000 cases with similar facts – use of a common product, Xarelto, and common defendant, Janssen and Bayer.
Mingo is the third plaintiff to go to trial. The two prior bellwether trials returned verdicts in favor of the defendants.
Partial summary judgment is a procedural device that is used during civil litigation to promptly dispose of an entire case without a trial. It can be used either on the merits of the case or on discrete issues in the case. By rejecting the request for partial summary judgment, Judge Fallon is indicating that Mingo’s case has legal merit and decision on whether Xarelto caused her DVT will be left to a jury.
We look forward to keeping TruLaw followers and clients updated as to the result of the third Xarelto bellwether case.