Hi, I’m Tighe Wilhelmy, CoFounder of Velawcity and during this video we’re going to discuss the first bellwether trial for Xarelto and the defense verdict that resulted from a defense pick. Bellwethers are great references during these litigations, but it’s important to dig deeper before jumping to any rash conclusions.
The “Boudreaux vs Bayer” defense verdict was impacted significantly by the prescribing physician, Dr. Wong. He ultimately applied the “Learned Intermediary Doctrine Defense” during his testimony. This happens when a prescribing physician testifies one of two ways;
1) They were aware of all risks and the benefits. outweighed the risks regarding the individual patient
2) Any risk not known at the time of prescription, if known, wouldn’t have changed their decision to prescribe the individual patient.
Fortunately, the plaintiff side shouldn’t experience this amongst a majority the remaining bellwether trials. This case and the next happen to have an “original jurisdiction” of Louisiana and therefore the defense motion for summary judgement was denied under Louisiana’s version of the Learned Intermediary Doctrine. Moving forward, this wouldn’t apply for cases where the original jurisdiction is outside the state of Louisiana.
The next bellwether is scheduled for May 30th, 2017 and may very well result in a similar defense verdict, according to John Ray of Mass Tort Nexus. However, much remains to be seen as Judge Eldon Faldon proceeds through the remaining (39) scheduled bellwether trials. Moral of the story is don’t hit the panic button quite yet.
If you have additional questions regarding Xarelto case acquisition or about the litigation in general, please feel free to give us a call at (480) 970-1180. Again, I’m Tighe Wilhelmy with Velawcity and hopefully you found this information helpful.