According to EvaluatePharma, Xarelto has already become the 19th best-selling drug in the world and by 2018 will see up to $3.7 billion in sales, a huge increase from the mere $596 million the drug made in 2012. Unfortunately, the drug’s growing prevalence means that we can likely expect an increase in internal bleeding injuries linked to the drug and therefore an increase in lawsuits.
Since legal filings continue to increase naming the same defendants with similar allegations, all federally-filed lawsuits were consolidated into a Multi-District Litigation in the Eastern District of Louisiana. MDL 2592 will be overseen by Judge Eldon Fallon and currently encompasses more than 18,000 lawsuits.
The lawsuits that have been filed all level similar allegations against Xarelto’s manufacturer, Bayer, and the drug’s co-marketer, Johnson & Johnson-subsidiary Janssen Pharmaceutical. In thousands of product liability claims, plaintiffs claim that the anticoagulant caused an uncontrollable internal bleeding event, leading to serious injury and, in hundreds of tragic cases, the death of a loved one.
Despite their important personal details, all of these Xarelto lawsuits are based in a common set of allegations:
- Xarelto’s manufacturer failed to adequately warn patients about the drug’s real risks, especially about the irreversible nature of the internal bleeding that may occur.
- Xarelto was sold without safe anticoagulant antidote to reverse its effects and therefore poses greater risks to individuals who may experience internal bleeding.
- The manufacturers and distributors of Xarelto fraudulently concealed information about the irreversible, life-threatening events the drug can cause and failed to inform doctors how to intervene and stabilize these patients.
- The manufacturers of Xarelto were negligent by allowing the drug to go to market while knowing there was no antidote.
- The manufacturers of Xarelto were negligent and purposefully marketed Xarelto as a safe blood thinner while knowing otherwise.
- The benefits of taking Xarelto over other, safer products on the blood thinner market do not exist.
Needless to say, both Johnson & Johnson and Bayer unequivocally deny all of these accusations. The companies continue to stand behind Xarelto, saying the drug has a positive benefit-risk profile that makes it an excellent choice for many patients living at an increased risk for blood clots.
All signs suggest that the defendants intend to defend themselves vigorously against Xarelto lawsuits, but plaintiffs’ attorneys across the country believe that the case against Bayer and Johnson & Johnson is strong.
Should I File A Lawsuit?
If you or a loved one experienced an internal bleeding event and subsequent injuries after taking Xarelto, you may be entitled to compensation. Injured patients may be able to secure valuable compensation for their medical expenses, lost wages and pain and suffering.
Likewise, surviving family members who lost a loved one to Xarelto-related injuries could be eligible to receive reimbursement for burial and funeral expenses, along with losses in financial support and, in some states, their own emotional trauma as well.
Our experienced product liability attorneys have decades of experience in bringing cases to trial against large pharmaceutical companies and will be able to guide you through the process with confidence. You are not alone.
State Defective Products Statutes Of Limitation
Even if the injuries you experienced happened years ago, your case still may be valid under your state’s statute of limitations. Statutes of limitation require that a claim be brought forward within a certain amount of time after the event occurred. File suit after the applicable statute of limitations has elapsed and your case will almost certainly be dismissed.
There is, however, an important wrinkle to consider. In many states, a “discovery rule” allows the statute of limitations to be extended for patients who could not have known about their right to sue at an earlier date. Since many plaintiffs accuse Johnson & Johnson and Bayer of concealing Xarelto’s risks from the public, the discovery rule has been successfully applied in many cases.
But just because the discovery rule could provide relief from your state’s statute of limitations, the general rule can’t be dismissed. Remember that statutes of limitation vary from state to state. Here are a few examples:
- Pennsylvania – an action must be brought within 2 years from the date of injury
- New Jersey – an action must be brought within 2 years from the date of injury
- California – an action must be brought within 2 years from the date of injury
- New York – an action must be brought within 3 years from the date of injury
- Washington, D.C. – an action must be brought within 3 years from the date of injury
Speaking with an experienced defective product and personal injury lawyer about your injury as soon as it occurs is very important to ensure that it will not be rejected due to an expired statute of limitations. If you feel that you may have a Xarelto lawsuit, contact our lawyers for a free case evaluation and consultation.
Additional Xarelto Lawsuit Information