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Xarelto Lawsuit Filed in Georgia District Court

Xarelto packagingOn March 19, 2015, one of the most recent victims of the alleged dangerous drug known as Xarelto (rivaroxaban) filed a personal injury lawsuit in United States District Court for the Northern District of Georgia (Gainesville division).

In his allegations, the plaintiff asserts he was severely and wrongfully injured by the product, which is manufactured by Janssen Pharmaceuticals and Johnson & Johnson, Inc. More specifically, the plaintiff contends that the blood thinner Xarelto caused unexpected, life-threatening internal bleeding causing hospitalization and long-term observation.

Moreover, the plaintiff alleges that the defendants knew of the dangers of Xarelto and failed to adequately warn unsuspecting patients of the increased risk of harm.

Background of federal Xarelto lawsuit

Xarelto is one of the most popular recent drugs on the American pharmaceutical market, and is expected to generate billions of dollars in revenue for its designers and manufacturers. Notwithstanding, its side effects are allegedly life-threatening when used in patients at a heightened risk for bleeding, which is precisely the factual scenario surrounding the plaintiff’s allegations in this most recent case.

The drug Xarelto is a blood thinner, not unlike its predecessor warfarin. However, unlike the wildly popular warfarin, there is no antidote to control the effects of Xarelto in the event a patient’s blood thins too rapidly, which can cause a host of potentially-fatal problems for those undergoing Xarelto therapy.

Xarelto is intended for use in patients experience blood clots not caused by atrial fibrillation. It is also often prescribed for patients enduring deep-vein thrombosis, or those recovering from a stroke. In today’s case, the plaintiff was prescribed Xarelto by his physician for a period of three days in 2013, and was abruptly taken off the medication after suffering from a “large hemopericardium/pericardial effusion,” which is described as the presence of blood in the pericardial sac surrounding the heart. For this plaintiff, the condition was fortunately stabilized following immediate hospitalization and heart surgery to correct the problem.

As a result of his experience, the plaintiff has requested relief in the form of compensatory damages, including compensation for his pain, suffering, and emotional turmoil following the experience. As is customary in federal civil litigation, the plaintiff is seeking damages in excess of $75,000, and has requested the court to award a verdict in an amount it deems fair and proper.

Plaintiff raises several allegations against the makers of Xarelto

Not unlike the dozens of other plaintiffs awaiting resolution for their similar Xarelto lawsuits, the plaintiff in this case has alleged a number of causes of action against Johnson & Johnson and Janssen Pharmaceuticals. At the heart of the matter is the allegation of defendants’ categorical indifference to the plight of patients treated with Xarelto, despite an alleged knowledge that it could cause serious internal bleeding.

Moreover, the plaintiff alleges the following counts:

  • Negligence: Failing to use reasonable care in marketing and promoting Xarelto to patients and physicians
  • Strict Products Liability: Xarelto is too unreasonably dangerous to be in the stream of commerce
  • Breach of Express Warranty: Defendants assured consumers Xarelto was safe, when it carries an increased risk of harm
  • Breach of Implied Warranty: Xarelto is not fit for its ordinary purpose
  • Fraudulent Misrepresentation: Defendants engaged in fraudulent practices when promoting and marketing its product
  • Fraudulent Concealment: Defendants concealed the true nature of Xarelto by failing to disclose known risks
  • Negligent Misrepresentation: Defendants acted unreasonable in failing to properly disclose the risks inherent in the Xarelto drug
  • Fraud & Deceit: Defendants deceived consumers and committed fraudulent acts in the marketing of Xarelto
  • Violation of Georgia Fair Business Practices Act: Defendants violated Georgia’s state consumer protection act.

In addition to the compensatory damages listed above, the plaintiff is also seeking punitive damages to redress the wanton, intentional and/or reckless conducted engaged in by the defendants when marketing Xarelto.