Defendants Denied Summary Judgment on Warning, Design Defect Claims in Xarelto Case Set for Trial

NEW ORLEANS — In the third bellwether Xarelto case scheduled for trial, a Louisiana federal judge has denied defendants’ motion for summary judgment on failure-to-warn and design defect claims, finding questions of fact exist as to whether those claims are preempted by federal law.

On July 21, Judge Eldon Fallon of the U.S. District Court said it is unclear whether Janssen and Bayer could have used the Changes Being Effected process to update their label after they became aware of the number of consumers claiming they experienced a major bleeding event while taking Xarelto.

The trial is set to begin …