What Is Xarelto?
Xarelto is an anticoagulant that was first FDA approved in 2011 as an option to Warfarin. Rivaroxaban is the active ingredient in the blood-thinning drug. The drug has been produced by Jenssen Pharmaceuticals (a subdivision of Johnson & Johnson) and been marketed by Bayer Healthcare since 2011 and is easy to use (usually taken either once or twice a day) compared to Warfarin. Xarelto is designed to:
- Minimize the risk of blood clot in patients who undergo knee or hip replacement surgery.
- Treatment of pulmonary embolism and deep vein thrombosis.
Minimize the risk of stroke and a blood clot in patients suffering from atrial fibrillation.
The Use of Xarelto
Xarelto is a blood thinner drug (anticoagulant) manufactured by Janssen Pharmaceuticals and is usually prescribed to patients suffering from blood clot in the lungs (pulmonary embolism), irregular heartbeat (atrial fibrillation), blood clots within the body (deep vein thrombosis), to patients who have undergone hip or knee replacement surgery to prevent blood clot.
Side Effects of Xarelto
According to Adverse Events Inc. (a company that designed a software which analyzes information to give data about injuries in the U.S) had the following side effects statistics about Xarelto in the US alone.
- 891 hospitalized cases.
- 183 deaths.
- 107 hemorrhage and 107 gastrointestinal hemorrhages.
- 386 pulmonary embolism cases.
- 279 deep vein thrombosis cases.
Other known side effects of Xarelto are:
- a decrease in hemoglobin
- cerebrovascular accidents
- irregular heartbeat (arrhythmia)
- racing heartbeat (tachycardia)
- wound infection and complication
The FDA is yet to issue a compulsory recall of the drug but continues cautioning users of its adverse side effects. Doctors are still giving out prescriptions for the drug regardless of its adverse side effects.
Class Action Lawsuit On Xarelto
A class action is necessary when people buy a product based on false advertising. Xarelto is facing a class action lawsuit from its consumers to the manufacturer and marketer for false advertising. The filed suits claim that besides having no antidote, there was no warning by the two parties concerning the adverse side effects of the drug.
The Office of Prescription Drug Promotion accuses the manufacturer of the drug of giving misleading statements on if patients will ever need to make any adjustments in the dosage. Most of the patients injured by the drug reported excessive internal bleeding.
Class action reduces cost, helps a large number of people with the same case while at the same time improving efficiency.
The class-action lawsuit of Xarelto identifies the affected people as:
People living in Canada who have been using Rivaroxaban (sold as Xarelto) from 2008, their family members, dependents and any other groups that will be determined by the court.
In 2013, the Foods and Drug Administration registered 680 reports of the adverse effects of Xarelto according to Digital Journal.
And according to Der Spiegel, there were 1,700 life-threatening complications and 130 reported deaths between January 2012 and September 2013 in Germany.
In the United States, over 3,000 lawsuits have been filed that involve injury bleeding because of the use of Xarelto, though separately and are based at the District Court for Eastern District of Louisiana.
The Problem With Xarelto
There is no way of stopping bleeding on a patient using Xarelto. Besides that, Xarelto has no reversal agent and the manufacturer failed to state this in their advertisement. This misleading, false advertisement gives rise to the personal injury which eventually ends up in lawsuits as a result of the manufacturer not giving warning to its consumers.
Xarelto Lawsuit Information
The lawsuits in Xarelto states that the manufacturer failed to:
- State that there is no antidote to prevent the bleeding from Xarelto.
- State there could be a rise in severe bleeding while taking Xarelto.
- Conduct full investigations concerning the safety risks of Xarelto.
- Give enough warnings about the safety risks that are associated with Xarelto.
- The manufacturer also overdid the promotion of the drug, therefore, endangering millions of lives through the huge sales made.
Lawsuit Update, February 2016
The FDA investigated if results used to approve Xarelto in the clinical trial (ROCKET AF trial) were genuine and still valid. The clinical trial was to compare the effectiveness of Xarelto to those of Warfarin and showed that the two drugs were nearly at the same level.
Doubt has been cast on the results from the equipment used to measure the effectiveness of Warfarin, the equipment was used to measure the effectiveness has since been recalled.
Lawsuit Update, July 2016
Honorable Judge Fallon, directed all the parties to have their cases ready for trial by 6th February 2017 and the subsequent trials will follow in March, April then May of the same year. In giving the directive, Judge Fallon ordered all parties to make possibly up to 50 depositions of the employees of the Defendants involved in the manufacture and the marketing of Xarelto by September 2016.
The Defendants were also instructed to produce about 50 million documents regarding the manufacture, marketing, and sales of Xarelto. Plaintiffs that claim were harmed by Xarelto and filed lawsuits were deposed by the Defendants
Lawsuit Update, August 2016
Judge Fallon held hearings to discuss the possible trial dates whilst coordinating the Xarelto litigation in Pennsylvania with the Federal litigation. He ordered that the parties settle on specific cases for trial by 12th August 2016 to be tried in 2016.
Judge New from Pennsylvania, directed that 10 cases ready for trial by 2017.The two judges (Judge Fallon and Judge Newman) will handle most of the Xarelto cases in the US.
The first four Xarelto cases were identified by Judge Fallon on August 17th, 2016 for trial. They include the matter of Joseph Boudreaux in the Eastern District of Louisiana (Trial 1), the matter of Joseph Orr, Jr Eastern District of Louisiana (Trial 2), the matter of Dora Mingo in Mississippi (Trial 3) and the matter of James Henry as executor for the Estate of William Henry and individually in Texas (Trial 4).
Lawsuit Update for 2017
So far there are 17 scheduled trials for the Xarelto litigation in 2017 which is quite a fast pace considering a large number of Plaintiffs. This can be attributed to the two judges that will be handling the cases. The two judges are well known having handled several large Multidistrict Litigations (MDL) – Judge Fallon has previously handled the Vioxx lawsuit while Judge Newman has handled the Yaz.
In addition to that, Judge Newman has sought the help of lawyers who have devoted their careers to mass torts in the litigation in the Plaintiff’s Steering Committee and to the Federal Litigation. If this combination of experienced judged and lawyers works well, hopefully, the Plaintiffs will get their days in court in a record time.
Xarelto Lawsuit Settlement
By December 2014, a lot of cases have been filed by people who have suffered excessive internal bleeding against the manufactures of Xarelto – Janssen Pharmaceutical (a subdivision of Johnson & Johnson), and its marketer – Bayer Healthcare. The many lawsuits that were filed were able to be consolidated since they both had the same allegation.
Xarelto lawsuit settlement states that the manufacturer did not warn physicians and patient of the increase in internal bleeding when using the medication. The two companies are also being sued for not providing an antidote and the health damages and death that Xarelto caused to its users.
Trial Dates For the Xarelto Lawsuit Settlement
The case was filed in the early 2014, and the first trial date is on 6th February 2017, the second 13th March 2017, the third 24th April 2017 and the fourth 30th May 2017. US district judge, Eldon Fallon will be the one to oversee the pretrial proceedings and possible settlement negotiations.
The attorneys involved in the case argue that had the physicians and patients being aware of the adverse bleeding, then they would have resolved to other options like Warfarin.
Prediction of the Xalerto Settlement
There is no defined clear way of predicting whether the Xarelto lawsuit will settle or not, but with the large numbers of those filing cases against Xarelto, and considering how these numbers are still rising, Jenssen Pharmaceuticals and Bayer Healthcare are most likely to end up settling the lawsuit, even though it may take some time before any settlement is done.
What Will Be Considered in the Xarelto Lawsuit Negotiation
Any settlement based on the negotiation will depend on what the jury will likely award to the individual cases, most importantly, the strength of the lawsuit.
In case a lawsuit manages to proceed to trial, the jury will have to make any decision based on the extent of the damage that Xarelto has caused to the plaintiff.
In determining the damage, the jury will have to consider the medical expenses due to the use of Xarelto, the injury extent from its use, possibility of pain in the future after its use, financial effects like lost wages or crippled earning capacity, in the case of a Xarelto caused death, the various losses suffered by the surviving members of the family will have to be considered.
Who Qualifies for a Xarelto Offer?
The lawyers who are pursuing the Xarelto litigation; Saiontz & Kirk, P.A., offer free case evaluations and consultations to help you determine whether you are entitled to go pursue a Xarelto settlement. Those who are most likely to be eligible are those who have been using the drug or those who have people in their family who have been using Xarelto.
Those who think they are eligible should consult the lawyers as fast as possible since the statute of limitations will limit the available time for each case in joining the litigation.