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Tucker Ellis Wins Defense Verdict in Xarelto Failure to Warn Trial

September 2018
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On August 30, Tucker Ellis client Janssen Pharmaceuticals, Inc. and co-defendant Bayer AG prevailed in their most recent trial over allegations that the companies failed to provide adequate warnings on the risks of their anticoagulant medication Xarelto. (Kevin Cooney v. Janssen Pharmaceuticals Inc. et al., case number 160602012, Court of Common Pleas of Philadelphia County, Pennsylvania)

Plaintiff Kevin Cooney sued Bayer AG and Janssen Pharmaceuticals, Inc., alleging that his use of Xarelto, a "blood thinner," caused him to suffer a gastrointestinal bleed. Mr. Cooney had suffered a deep vein thrombosis and bilateral pulmonary embolisms and was taking Xarelto to prevent a recurrence. He alleged that the companies failed to test a lower dose to see if it had a more favorable risk-benefit profile and did not warn that the FDA-approved dose might not be the lowest effective dose.

Janssen lead trial counsel Michael Zellers, along with co-counsel Drinker Biddle & Reath LLP and counsel for co-defendant Bayer, obtained a complete defense verdict, successfully arguing that the potential bleeding risk was well known and that the FDA-approved label adequately warned of that risk. Traci Shafroth, Su-Lyn Combs, and Mollie Benedict assisted with the defense of Janssen in this litigation.