PITTSBURGH – A $200,000 settlement petition filed in state court by the widow of a 68-year-old man who allegedly died from internal bleeding as a result of taking the blood-thinner medication Xarelto, has been transferred to the Wills/Orphans’ Court.
Gale Callahan of Pittsburgh first filed a petition in the Allegheny County Court of Common Pleas on April 5 versus Janssen Research & Development, LLC, Janssen Research & Development LLC, Janssen Ortho LLC, Johnson & Johnson, Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma, AG, Bayer Corporation, Bayer Healthcare LLC and Bayer Healthcare, AG.
“Decedent began ingesting Xarelto on July 2013 for atrial fibrillation. He presented to the ER in Feb. 28, 2014 with symptoms of an active internal bleed. He was found to have a large perforating gastric ulcer. The ulcer was surgically managed with a Roux-en-Y gastrojejunostomy, left lateral segmental resection of the liver, T-tube duodenostomies and cholecystectomy,” the petition stated.
“His postoperative course was complicated by a surgical wound infection with necrotic fascia that required debridement and antibiotics. On March 6, 2014, Mr. Callahan went into PEA arrest, was resuscitated with CPR, intubated and medicated and transferred to the ICU. His condition continued to be complicated by coagulopathy and hypertension and he developed acute respiratory distress syndrome and subsequently suffered a bradycardic arrest.”
“The Xarelto litigation was prosecuted extensively in Philadelphia County’s Mass Tort Program, as well as in New Orleans, where a multi-district litigation was created. Over several years, millions of pages of defendant documents were reviewed and lead counsel also took dozens of depositions in this matter. Several cases in the Mass Tort litigation were selected for bellwether trials. Expert reports were exchanged and depositions of selected plaintiffs, treating physicians and defendant sales representatives were undertaken,” the petition read.
“Four bellwether trials occurred between 2017 and 2018; of these four, three resulted in defense verdicts, the fourth one was overturned on appeal in favor of the defendant on various legal grounds. On a specific level, a fact sheet, used in lieu of interrogatories in mass tort cases, was completed on decedent’s behalf as well as the review and analysis of his medical records and claim.”
In March 2019, the state and federal courts which coordinated the Xarelto proceedings (in both the federal MDL and Philadelphia courts) approved a settlement which was available to all plaintiffs with a qualifying injury: Death from a bleeding event, non-death bleeding event and other, select non-bleeding injuries.
The settlement also required documented usage of Xarelto at or near the time of the injury. Claimants who met these eligibility criteria would then receive a point award based on their specific injury, their age and/or the number of days they were hospitalized for their Xarelto injury.
In order to receive settlement funds, claimants would need to formally enroll in the settlement and then submit a claim form to the Xarelto Claims Administrator, along with required documentation, including medical records, prescription records, the death certificate and letters of administration, which evidenced the basis of petitioner’s claim.
“On July 16, 2019, petitioner advised counsel that she agreed to enroll in the Xarelto Settlement Program. Counsel enrolled the claim into the settlement program on Aug. 2, 2019 and petitioner’s enrollment and eligibility were confirmed by the Claims Administrator on Sept. 5, 2019. On Aug. 2, 2019, petitioner’s Counsel submitted a complete Claims Package on the estate’s behalf to the settlement’s Claims Administrator which included a claim form, medical records and death certificate. On Nov. 16, 2019, plaintiff’s counsel submitted Petitioner’s executed release to the Claims Administrator. On Jan. 27, 2020, Petitioner’s claim was assigned the following points award by the settlement’s Claims Administrator: 200,000,” per the petition.
“Counsel is of the professional opinion that the proposed award is reasonable and fair given that Mr. Callahan was given the highest injury level possible in the program based on his age at death, 68, with no reductions. Petitioners are also of the opinion that the proposed settlement is reasonable. Upon receiving authority from petitioner, on Feb. 3, 2020, counsel accepted the proposed settlement on behalf of the petitioners.”
The petition seeks the following disbursements to be made:
• To: Anapol Weiss (Attorney’s Fees) – $31,137.64
• To: Common Benefit Fee – $17,800.96
• To: Anapol Weiss (Costs) – $1,510.86
• To: Common Benefit Expense Funds 2.75% Assessment – $4,079.39
• To: CMS/Medicare – $18,411.92
• To: Estate of Rodney Callahan for Survival Action – $7,540.06
• To: Gale Callahan for Wrongful Death – $22,620.19
• To: Sean Callahan for Wrongful Death – $22,620.19
• To: Melissa Turner for Wrongful Death – $22,620.19
UPDATE
On June 17, the plaintiff filed to transfer the petition to the Allegheny County Wills/Orphans’ Court.
“On April 4, 2021, petitioners erroneously filed the above-captioned wrongful death and survival action, bringing the matter before this Honorable Court. No other party has entered their appearance as this matter is fully resolved and the only outstanding issue is court approval of the settlement.”
“After filing with Allegheny County Civil Division, petitioner’s counsel became aware that the above-captioned wrongful death and survival action should properly be filed with the Allegheny County Register of Department of Court Records, Wills/Orphans’ Court, rather than the Civil Division, pursuant to local rule of the Orphan’s Court Division 5.17(1). As such, petitioner now files the instant motion to transfer to Register of Department of Court Records, Wills/Orphans’ Court, in order to comply with Orphan’s Court Division Rule 5.17(1).”
On June 23, Allegheny County Court of Common Pleas Judge Christine A. Ward approved the transfer to the Orphan’s Court Division.
The petitioner is represented by Miriam B. Barish of Anapol Weiss, in Philadelphia.
The respondents have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-003331
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com