Xarelto has become a household name thanks, in part, to manufacturers Bayer Health Care and Janssen Pharmaceuticals’ heavy advertising of the anticoagulant. With the help of commercials by professional athletes and celebrities, the drug overtook former market leader warfarin and grew to over $1.5 billion in sales in 2015.
Though the medication was prescribed to people across the country to protect them from life-threatening blood clots, reports and studies show the medication may actually put them at risk for serious irreversible bleeding.
Xarelto lawsuit news
Thousands of Xarelto patients have now filed lawsuits – approximately 3,000 in federal courts and another 700 in state courts – alleging that J&J is to blame for their bleeding-related injuries.
In December 2014, the pending federal Xarelto lawsuits were consolidated by the U.S. Judicial Panel on Multidistrict Litigation; many more have since joined the proceeding. The pretrial phase of the multidistrict litigation proceeding (MDL) is being handled by Judge Eldon E. Fallon of the United States District Court for the Eastern District of Louisiana.
The hundreds of state Xarelto lawsuits are pending in the First Judicial District of Pennsylvania in Philadelphia. The Pennsylvania court has designated a Xarelto mass tort track to streamline the cases.
Xarelto class action lawsuit
There have been no Xarelto class action lawsuits; instead, dangerous drug lawsuits are more often grouped in MDL proceedings or state equivalents like the Pennsylvania mass tort proceeding.
Some of the key advantages to MDL in this type of litigation include:
- Unlike a class action, each plaintiff keeps his or her own case identity; a settlement by or dismissal of another plaintiff does not end the other claims
- A presiding judge can make consistent decisions across many lawsuits
- Pretrial steps like the discovery process can be made more efficient by reducing unnecessary and widespread duplication
- Bringing the many parties together in a single court can facilitate widespread settlement
As part of the Xarelto MDL in Louisiana, in late 2015, Judge Fallon entered orders affecting all of the member cases. The orders directed the parties to begin selecting four bellwether cases – test cases that will let the parties know the strengths and weaknesses of their cases and how jurors may respond to them. These trials are scheduled to start in early 2017.
Who can file Xarelto lawsuits?
Xarelto victims come from all backgrounds but they share a common argument that the manufacturer should have communicated the risk of uncontrolled bleeding.
Some of the common allegations made by plaintiffs:
- The plaintiff suffered a severe bleeding episode after taking Xarelto and there was no other identifiable cause of the bleeding
- The plaintiff did not know about the bleeding risk before taking the drug
- The defendant knew or should have known the risks involved with taking Xarelto but did not provide sufficient warning on product labeling
Reported side effects linked to Xarelto include:
- Eye hemorrhaging
- Gastrointestinal bleeding
- Irregular heartbeat
- Liver failure
- Low blood pressure
- Muscle pain
- Nose bleeds
- Rectal bleeding
The types of injuries Xarelto plaintiffs suffer often require significant medical care that can include hospital stays and follow-up treatments. Victims may qualify for compensation to cover medical bills, as well as lost income, loss of future productivity, and emotional suffering. In fatal cases, family members may also qualify for compensation for loss of consortium and companionship, reimbursement of medical bills, funeral expenses, and emotional distress.
What is the average Xarelto settlement?
Xarelto litigation is still in a relatively early stage, with cases yet to go before a jury. Some of the factors that may affect Xarelto settlement amounts include information gained in the discovery process and the outcome of bellwether trials. Throughout discovery, parties on both sides learn things like what documents the other side has and how strong the testimony of the key witnesses is. The bellwether trials will give the parties a glimpse into how jurors will respond to the evidence gathered in discovery.
Each case in an MDL proceeding can settle at any point but it often happens that plaintiffs and defendants work to negotiate widespread settlement once the bellwether trials conclude.
Filing a blood thinner lawsuit
For victims of Xarelto bleeding events or their loved ones, a blood thinner lawsuit may provide the means to cover medical bills and other expenses related to excessive bleeding events. The first step is to consult with a Xarelto lawyer who is versed in the special issues involved in pharmaceutical litigation. It is important not to wait too long because state and federal statutes of limitations put time limits on when legal action can be taken.
Some things that may be helpful to have on-hand before meeting with a lawyer include medical records related to the bleeding event, a history of blood thinner use, and a timeline of events.
Xarelto lawsuit articles
- Safety Study for Xarelto Under Question by FDA – A 2016 study brings to light faulty safety testing which may have led the FDA to approve Xarelto in 2011.
- Xarelto MDL Bellwether Selection Underway – Louisiana Xarelto MDL issues order outlining selection of cases to participate in bellwether trials.
- Four Plaintiffs File Joint Complaint in Xarelto MDL – Four Xarelto victims from different states band together to file detailed MDL complaint detailing manufacturer negligence in bringing Xarelto to American market.
- Xarelto Cases to be Selected for Bellwether Trials – Amid mounting claims of Xarelto bleeding injuries, MDL presiding judge orders parties to prepare for bellwether trial selection with eye toward early 2017 trial dates.
- 13 Plaintiffs File Joint Xarelto Internal Bleeding Lawsuit – Thirteen individuals banded together to file joint lawsuit in Louisiana MDL against Bayer and Janssen Pharmaceuticals. Plaintiffs allege the defendants failed to properly research the safety of the anticoagulant.
- Public Health Watchdog - Lawsuit Alleges Blood-Thinner Xarelto Caused Woman’s Severe Internal Bleeding http://www.publichealthwatchdog.com/lawsuit-alleges-blood-thinner-xarelto-caused-womans-severe-internal-bleeding/
- Reuters - Insight: Top heart doctors fret over new blood thinners http://www.reuters.com/article/2012/06/14/us-drugs-bloodthinners-idUSBRE85D06G20120614
- Reuters – Bayers Faces Lawsuits Over Xarelto http://www.reuters.com/article/2014/06/14/us-bayer-suit-idUSKBN0EP0HW20140614
- ISMP – Data On 1st Quarter of 2013 http://www.ismp.org/quarterwatch/pdfs/2013Q1.pdf
- Reuters - Reports of side-effects from Bayer's Xarelto grow: Spiegel http://www.reuters.com/article/2013/09/08/us-bayer-xarelto-idUSBRE9870AH20130908
- Huffington Post - Pradaxa And Xarelto: Top Heart Doctors Concerned Over New Blood Thinners http://www.huffingtonpost.com/2012/06/14/pradaxa-xarelto-blood-thinner-doctors-heart_n_1595971.html
- Medscape - Again, FDA Advisors Deliver Solid "No" to Rivaroxaban in ACS http://www.medscape.com/viewarticle/819318
- USA Today - Blood-thinner Pradaxa target of mass-claims suit http://usatoday30.usatoday.com/news/health/story/2012-08-19/pradaxa-blood-thinner-lawsuit/57134628/1