United States District Court, E.D. Louisiana
IN RE XARE TO (RIVAROXABAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: Dora Mingo
Janssen, et al (Rec.Doc. 6742)
ORDER AND REASONS
E. FALLON United States District Judge
the Court is Defendants' motion for partial summary
judgment on Plaintiffs failure-to-warn claim. Defendants
argue that Plaintiffs failure-to-warn claims are barred by
the learned intermediary doctrine. Plaintiff opposes the
motion. Mingo is the third bellwether trial in this
multidistrict litigation series; Mississippi law applies
here. The Court held oral arguments on this matter on June
21, 2017. Having considered the parties' arguments,
submissions, and the applicable law, the Court now issues
this Order and Reasons.
matter arises from damages Plaintiffs claim to have suffered
from the manufacture, sale, distribution, and/or use of the
medication known as Xarelto, an anti-coagulant used for a
variety of blood-thinning medical purposes. Plaintiffs have
filed suits against Defendants throughout the nation.
Plaintiffs allege that they or their family members suffered
severe bleeding and other injuries due to Xarelto's
allegedly defective design and inadequate warning label,
among other issues.
Judicial Panel on Multidistrict Litigation determined that
the Plaintiffs' claims involved common questions of fact,
and that centralization under 28 U.S.C. § 1407 would
serve the convenience of the parties and witnesses and
promote the just and efficient conduct of the litigation.
Therefore, on December 12, 2014, the Judicial Panel on
Multidistrict Litigation consolidated the Plaintiffs'
Xarelto claims into a single multidistrict proceeding
("MDL 2592"). MDL 2592 was assigned to this Court
to coordinate discovery and other pretrial matters in the
pending cases. Subsequent Xarelto cases filed in federal
court have been transferred to this district court to become
part of MDL 2592 as "tag along" cases. The Court
has appointed committees to represent the parties, and
discovery has commenced. The Court, with assistance of
counsel, identified a discovery pool of representative cases
and selected four bellwether trials. This Order and Reasons
relates to the third bellwether trial, involving Plaintiff
Dora Mingo, a resident of Mississippi.
Dora Mingo underwent a right total hip replacement surgery on
January 6, 2015. On January 22, 2015, she was diagnosed with
a deep vein thrombosis (;T)VT") in her right
lower leg at Southwest Mississippi Regional Medical Center.
She was admitted to the hospital under the care of Dr. Renie
Jordon, who first evaluated Ms. Mingo on the morning of
January 23, 2015, and prescribed Xarelto for her DVT, which
developed while she was on Lovenox and then aspirin for
anticoagulation after she underwent hip replacement surgery.
See Def.'s Mot. (Rec. Doc. 6753) at 2. Dr.
Jordon prescribed Xarelto 15 mg twice-daily for 21 days, then
20 mg once-daily thereafter. Prior to receiving her first
dose of Xarelto on January 23, 2015, Ms. Mingo's PT was
normal at 12.5 (reference range 12.1-15.2). After receiving
her first and second dose of Xarelto, a PT test performed on
January 24, 2015 revealed Ms. Mingo's PT was high at 23.6
(reference range 12.1-15.2).
Ms. Mingo was discharged from the hospital on January 24,
2015, she was instructed to continue taking Xarelto. On
February 12, 2015, bloodwork performed by Ms. Mingo's
primary care physician, Dr. Jennifer Gholson, showed her
hemoglobin was 5.8 (reference range: 12.0-16.0) and her
hematocrit was 19.8 (reference range: 36-48). On the morning
of February 13, 2015, Ms. Mingo had already taken her last
scheduled dose of Xarelto 15 mg, when she received a call
from Dr. Gholson's office, instructing her to go to the
emergency room immediately.
Mingo went to the emergency room at Southwest Mississippi
Regional Medical Center. Additional tests confirmed severe
anemia and an acute upper GI bleed, with a PT measurement of
26.2. Ms. Mingo was admitted to the ICU for further
treatment, and her Xarelto use was discontinued upon
same day, Ms. Mingo was transfused with four units of packed
red blood cells and two units of fresh frozen plasma. Dr.
Stephen Keith, a gastroenterologist, also performed an
esophagogastroduodenoscopy (EGD), which revealed a 6mm oozing
ulcer of the fundus. Dr. Keith ablated the bleeding ulcer
with Argon Plasma Coagulation and placed a hemoclip for
hemostasis. Ms. Mingo remained in the ICU for two more days,
until February 15, 2015.