Defendants Move for Judgment at Close of Plaintiffs’ Case in Xarelto Bellwether Trial

NEW ORLEANS — The makers of Xarelto have moved for judgment as a matter of law at the close of plaintiffs’ case in a bellwether Xarelto trial, arguing the plaintiffs’ evidence did not establish that the anti-clotting drug caused the decedent’s brain hemorrhage.

In a June 8 motion filed in the U.S. District Court for the Eastern District of Louisiana, Janssen Pharmaceuticals Inc. and Bayer further argued that the learned intermediary doctrine and preemption bars the plaintiffs’ failure-to-warn claims. The trial began May 31 before Judge Eldon Fallon.

In May 2014, Sharyn Orr began taking Xarelto for atrial fibrillation. She …