More than a dozen Xarelto cases have been filed in Philadelphia, alleging injuries and defendants’ failure to warn of risk associated with the drug.
Defendants in several Xarelto lawsuits filed by out of state plaintiffs have moved to dismiss the cases, asserting that circumstances surrounding the alleged injuries and Defendants’ development and marketing of the anticoagulant have no connection to the state court venue where they were filed.
The motion states, “In short, plaintiff have no tie to this forum, and Defendants’ primary tie is that their prescription medicine Xarelto is available for sale here – as it is in every state of the union.”
In one such case filed in Philadelphia, the plaintiff is a resident of Louisiana and was hospitalized in that state after suffering injuries alleged tied to Xarelto. Defendants assert, every relevant witness with knowledge of the plaintiff’s alleged injury is located nearly 1,200 miles from where the case may ultimately be tried.
Defendants also contend that none of the defense witnesses are located in Pennsylvania because the Janssen employee responsible for the development, labeling, marketing and research of Xarelto are based in New Jersey. Defendants, Bayer Corp. and Bayer Healthcare assert that they did not develop, distribute, market, or sell Xarelto, nor did it make labeling or regulatory compliance decision concerning the drug in Pennsylvania.
Defendants insist that the plaintiffs will sustain no prejudice by pursuing claims in their home state.