Boehringer Ingelheim Fined for Discovery Abuses in Pradaxa Litigation

The federal judge presiding over Pradaxa lawsuits coordinated in MDL 2385 has imposed sanctions on Boehringer Ingelheim for several discovery abuses. U.S. District Judge David R. Herndon has ordered the defendant to pay expenses pertaining to office space rented by plaintiffs’ legal counsel in Amsertdam as sanctions for the drug maker’s “wrong-headed litigation strategy” and violations of discovery.

In case management order number 62  given on March 13, Judge Herndon mandated that Boehringer Ingelheim reimburse Pradaxa plaintiffs for expenses related to past and future European depositions, prompted by the defendants’ prior transgressions in concealing/destroying crucial evidence.

Last December, the MDL judge had fined the Pradaxa manufacturer almost $1 million for acting in bad faith. The court further ordered the German-based Boehringer Ingelheim to fly several of its personnel to the States for depositions during the discovery period.  Mandatory, U.S.- based depositions were overturned by an appeals court, but Judge Herndon’s financial sanctions were ultimately upheld.

Boehringer must pay for European deposition expenses

Now that employees of Boehringer Ingelheim are not forced to travel to Illinois federal court, plaintiffs’ lawyers will be conducting depositions in Europe. Judge Herndon has instructed the defendant that they will be responsible for all expenses for court videographers, interpreters and reporters in Europe as well as pay for the office space rental in Amsterdam. This includes costs incurred since December 9, 2013 through August of this year. It is estimated that attorneys for the plaintiffs will conduct depositions with at least 50 Boehringer Ingelheim staff.

Herndon rejected a petition by claimants’ lawyers to raise the previous sanction to $20 million, but stated that the company may face other fines for transgressions during the course of the Pradaxa litigation.

“The Court considered whether to require defendants to reimburse and pay going forward the expense of plaintiffs’ counsel in traveling to and from Europe for depositions, but rejects that exercise of its inherent authority, ” states Herndon.

Bellwether Pradaxa lawsuits slated for 2014

When the Pradaxa multidistrict litigation was first established in the Southern District of Illinois, only 21 cases had been filed in district courts throughout the country. Since then, more than 2,000 Pradaxa bleeding lawsuits have been centralized before Judge Herndon for pretrial proceedings. All of the claims accuse Boehringer Ingelheim of designing, manufacturing and promoting a defective and unreasonably dangerous drug, without providing consumers adequate warning about bleeding risks.

Unlike its precursor Warfarin, Pradaxa has no reversal agent or treatment for its anticoagulant effects, leaving patients at risk for serious injury and death.

Since its introduction to U.S. markets, the FDA has amassed a disturbing number of adverse event reports involving Pradaxa, including 2,367 reports of life-threatening hemorrhages and 542 deaths. Side effects of the blood thinning medication reported by plaintiffs include uncontrolled gastrointestinal bleeding, stroke, brain hemorrhage, heart attack and death.

The products liability litigation is moving forward, with bellwether cases anticipated to begin in September this year. A recent case management order lists the following schedule for Pradaxa bellwether trials:

• MDL bellwether #1: September 8, 2014 (jury selection)
• September 15, 2014 (openings)
• MDL bellwether #2: December 1, 2014
• MDL bellwether #3: February 17, 2015
• MDL bellwether #4: March 23, 2015

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