Xarelto lawsuits are not being filed as a class action. To date, no class actions involving Xarelto have been filed in the United States. Because of the severity of the injuries that patients allege Xarelto causes, our attorneys are filing the lawsuits as individual personal injury lawsuits. A class action is not appropriate for this situation because the injuries plaintiffs have experienced vary greatly from case to case.
Xarelto lawsuits are being represented individually and clients cases are being fought for on a case-to-case basis.
Xarelto lawsuits are currently being handled as Multidistrict Litigation. Class action lawsuits and Multidistrict Litigation get mixed up sometimes, but they are actually very different. Multidistrict Litigation, or MDL, is a litigation management function in mass tort cases, where similar allegations are made in each case against the same defendants. An MDL is a mechanism that enables thousands of cases to move forward quickly through the court system, expedites the judicial process for both sides, and saves on judicial resources.
Once a mass tort has several filings, both the plaintiffs and defendants can petition the court to bring these claims together in an MDL. Multidistrict Litigation allows lawyers to focus on organizing the cases and discovery in preparation for initial trials and settlement talks. The entire process will take at least one year.
After cases are filed in a Multidistrict Litigation, the court at which they are transferred to, the MDL court, will set trial and pretrial orders including ground rules, deadlines, and certain procedures that the participants are expected to adhere to. Committees may even be formed to manage the substance of the litigation and the discovery of facts.
Are The Xarelto Cases In An MDL?
On December 4th, 2014, the Judicial Panel on Multidistrict Litigation consolidated all pending federally-filed Xarelto lawsuits. All these federally-filed Xarelto lawsuits were centralized under a Multidistrict Litigation group at the Eastern District of Louisiana in New Orleans under presiding District Judge Eldon Fallon. This provides a much more efficient way to manage the litigation.