James Heller, chair of Cozen O'Connor's Products Liability Practice Group, was quoted in The Legal Intelligencer article, "With Upcoming Xarelto Bellwether It's All Eyes on Philadelphia." The first case from the Xarelto mass tort in Philadelphia is set to begin soon, and, after a string of defense wins in the consolidated federal litigation over the summer, attorneys are paying special attention to the plaintiffs’ first try in state court. More than 18,000 cases are pending in the federal MDL over Xarelto, which makes it the second largest litigation nationwide, second only to the consolidated pelvic mesh litigation. In Philadelphia, more than 1,500 Xarelto cases are pending. That number is largely flat from the more than 1,400 in the state court inventory as of summer. Jim said, "failure to warn claims are typically in the plaintiffs’ ballpark. I think the jurors, for the most part, can understand the argument that they’re treating a symptom where the failure to treat that may result in worse consequences than is associated with the potential risks.”
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