Xarelto Lawsuit Filed in California District Court

On January 21, 2015, a Xarelto lawsuit was filed in the United States District Court for the Southern District of California alleging severe and life-threatening complications with the drug, requiring immediate medical attention. The lawsuit names several defendants, including Janssen Pharmaceuticals, Johnson & Johnson, and the Bayer Corporation. Xarelto, a powerful blood thinner, has been named in a number of recent state and federal lawsuits, including several involving the alleged wrongful death of the patient.

In early 2013, the plaintiff was prescribed the drug Xarelto in order to treat an ongoing medical condition. On or about February 4, 2013, the plaintiff developed sudden and unexpected bleeding in his eye, which required medical attention and a painful recovery. The plaintiff asserts that, had he known the truth about the risks associated with Xarelto, he would not have chosen to take the drug and would have elected an alternative course of treatment.

Bleeding dangers known by drug makers

Xarelto is approved by the Food and Drug Administration for the treatment of atrial fibrillation, blood clots, deep vein thrombosis and pulmonary embolism. The drug is an anti-coagulant and is designed to thin the blood to avoid life-threatening clots. Unlike its predecessor warfarin, the drug does not respond to an antidote in the event of an adverse reaction or bleeding episode, thereby leaving patients especially vulnerable to internal bleeding – which may go undetected until the issue becomes critical.

According to the plaintiff’s allegations, the defendants have unabashedly marketed Xarelto as a “one size fits all” drug requiring little blood monitoring and eliminating the imposition of dietary restrictions. However, these “fervent” marketing tactics have done little to warn patients of the other side of the coin: an alleged significant risk of gastrointestinal and other internal bleeding, sometimes leading to patient death.

Plaintiff alleges several causes of action

Following the plaintiff’s factual allegations, several causes of action are presented to address the “simply inadequate” warnings accompanying the allegedly misleading praises of Xarelto. The plaintiff first begins by addressing the procedural obstacle known as the statute of limitations – which places a time limit on plaintiffs alleging personal injury.

The plaintiff contends that any proposed argument by the defendants against the Xarelto injury claims based on an expired statute of limitations should be overruled due to the fact the defendants allegedly concealed the truth about Xarelto side effects and risks, thereby making it impossible for a plaintiff to properly raise a claim.

The plaintiff raises several common pharmaceutical malpractice claims, including:

• Failure to warn
• Defective design
• Defective manufacturing
• Negligence
• Negligent misrepresentation
• Fraud
• Breach of express and implied warranties
• Negligence per se (e., violations of 21 USC 331(a) & 352)
• Fraudulent concealment
• Defective trade practices

The plaintiff is seeking compensatory, general, and punitive damages – as well as attorneys’ fees and the assessment of prejudgment interest.This is one of several Xarelto lawsuits pending in federal and state courts.

To more efficiently handle the growing litigation regarding Xarelto and bleeding injuries, cases have been consolidated before Judge Fallon in the  U.S. District Court for the Eastern District of Louisiana. Multidistrict litigation No. 2592 continues to amass new complaints that share similar allegations about the dangerous nature of this blood thinning drug.

Resources Resources