How Long Will Xarelto Lawsuits Take?
We are still in the very early stages of Xarelto litigation. Several thousand cases are expected to be filed in the coming months and years. The first lawsuits should go to trial as early as February 2017. These cases going to trial could lead to the start of large-scale settlement conferences.
Are The Xarelto Cases A Class Action Lawsuit?
To this date, there are no class action lawsuits in the United States over Xarelto. Since the injuries vary greatly from case to case, a class action lawsuit is not appropriate and because of the severity of the injuries that Xarelto is alleged to cause, individual personal injury lawsuits are being filed instead. This allows cases to be represented individually and clients to be fought for on a case by case basis.
What Is An MDL?
MDL stands for Multidistrict Litigation, a litigation management mechanism that is used in mass tort cases to expedite the judicial process and save on judicial resources for both sides. In an MDL, similar allegations are made in each case against the same defendants and it enables thousands of cases to move forward quickly. An MDL is different from a class action lawsuit because an MDL allows for individuality among the cases. Since Xarelto victims are experiencing similar side effects but in very different situations with different outcomes, an MDL is appropriate over a class action lawsuit where all of the plaintiffs are experiencing the exact same issues. Recently, all federal Xarelto lawsuits were consolidated into an MDL in December 2014. All of these Xarelto lawsuits are going to be administered by a federal court judge in the Eastern District for Louisiana.
Are There Statute Of Limitations?
Yes, the statute of limitations is in effect on Xarelto cases and the statute of limitations will be different from case to case depending on the state. Each state can have different time bars to action so it is important that you do not delay seeking action to ensure that the statute of limitations will not run out on your case and you will be time barred from filing a lawsuit.
Should I Sue The Doctor Who Prescribed Me Xarelto?
In short, no. The current lawsuits against Xarelto are not being filed against the doctors who prescribe the drug since they believed at the time that it was in the best interest of their patient. In cases where an individual was injured or died because of an internal bleeding event that may have been caused by Xarelto, the manufacturers of Xarelto are being sued claiming, among many other things, that the manufacturers fraudulently concealed safety information from the public and medical community on irreversible bleeding and how to stabilize a patient that is experiencing internal bleeding while taking Xarelto.
Does Xarelto Cause Internal Bleeding?
Several studies and adverse event reports have been released by the FDA that suggest that Xarelto has been the cause for internal bleeding and gastrointestinal bleeds that Xarelto users have experienced. Because Xarelto is an Xa inhibitor, it blocks the thrombin in the blood and since thrombin is the chemical that helps the blood clot, the patient’s blood will have no way to clot while they are using Xarelto. If a Xarelto user suffers a bleed from a fall or a surgical procedure, their blood will fail to clot because of the Xarelto in their system and can cause serious injury.
Are There Common Injuries Linked To Xarelto Usage?
The FDA and other agencies have been studying and monitoring the injuries that Xarelto users have reported. They have identified that the following side effects have been primarily caused by taking Xarelto:
- GI or Gastrointestinal Bleed
- Brain Hemorrhage or stroke
- Pulmonary Embolism
- Spinal Bleeding / Epidural Hematoma
- Rectal / Colon Bleeding
- Liver Dysfunction