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A Guide To The Ongoing Xarelto Litigation

What Is Xarelto?example of medication talked about in guide

Xarelto is a blood thinner. It is categorized as a Factor Xa inhibitor, which means that it blocks the effects of the clotting property Factor Xa. It is used to treat patients with clotting disorders, treat patients who have undergone hip and knee replacement surgeries and may be at risk for clot formation, and treat patients with atrial fibrillation.

How Is It Different From Other Blood Thinners?

Xarelto has one major different from other blood thinners – the dosage for each patient is the same. A “one size fits all” dosage. This immediately made the drug popular, because with other blood thinners, any change in lifestyle could impact the amount the patient receives. Factors including diet, age, weight, and exercise level require patients on blood thinners to check in with their physicians on a regular basis for testing – sometimes as frequently as once a week.

Was Xarelto Approved By The FDA?

Yes. The FDA approved Xarelto for the prevention of blood clots and the treatment of a condition known as atrial fibrillation in 2011. Given the fact that the drug has one dosage for all patients, it quickly became one of the most popular blood thinners on the market.

What Is A Reversal Agent?

A reversal agent is a drug that is given when doctors need to reverse the effects of another drug. For example, if a patient on Warfarin begins to bleed heavily, doctors reverse the effect of the blood thinner by administering Vitamin K so that the patient doesn’t die from a loss of blood.

What Is Xarelto’s Reversal Agent?

At this time, the FDA has not approved a reversal agent for Xarelto, which means doctors have no way of stopping the drug anti-clotting abilities.

So What Happens If Someone On Xarelto Begins To Bleed?

If a patient taking Xarelto begins to bleed heavily, either externally or internally, doctors are forced to perform blood transfusions in order to save their lives. Tragically, these transfusions do not work in all cases.

Does Xarelto Have Other Side Effects?

Yes. Thousands of people have reported that they suffered from the following while taking Xarelto:

GI Bleeds

Bleeds have been reported in the esophagus, small intestine, large intestine, colon, and rectum. These bleeds can be quite severe and life threatening if not managed.

Brain Bleed

Even a small blow to the head can result in a brain bleed which means that oxygenated blood may not get to certain parts of the brain and contusions may occur. Patients with brain bleeds that were uncontrollable due to Xarelto have reported issues with speech, movement, and mood swings, and in some cases, they are left paralyzed.

Spinal Bleeding

If there is bleeding in the spine, the blood can pool around the spinal cord and result in paralysis from the location of the bleed and down.

Hepatitis

Studies performed by the JAMA Internal Medicine Journal show that Xarelto can cause hepatitis.

Pulmonary Embolism

If a patient is bleeding and is taken off of Xarelto too quickly, blood clots may form. In many cases, the patient suffers from a pulmonary embolism where blood flow to one or both lungs is cut off by a clot.

How Many Lawsuits Have Been Filed?example of courtroom talked about in guide

More than 5,000 lawsuits have been filed against the manufacturers of Xarelto – Bayer Inc and Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson). In each complaint, plaintiffs are alleging that the drug’s side effects caused serious harm or death in a patient. More than 500 of these lawsuits are wrongful death lawsuits, filed by the family members of someone who died after being prescribed the blood thinner. Federally filed lawsuits have been combined into MDL 2592.

What Is An MDL?

An MDL stands for multidistrict litigation. If a large number of cases have been filed against a similar defendant and each case has similar questions of fact, the Judicial Panel on Multidistrict Litigation can combine those complaints into one MDL, no matter where the original complaint was filed.

This process is intended to speed up the litigation process and save all parties involved in the MDL money.

Does An MDL Mean No One Else Is Allowed To File?

No, an MDL does not prevent new complaints from being filed. New lawsuits are being filed on a regular basis.

What’s The Difference Between A Personal Injury & Wrongful Death Lawsuit?

These two types of claims have similarities and differences. Both are based on the idea that the defendant’s negligent actions or decisions resulted in injury to an individual. In both cases, the plaintiff is seeking compensation for the injuries and losses that were sustained as a result of the defendant’s negligence.

Personal injury lawsuits are typically filed by the individual who was injured. This plaintiff is seeking compensation to cover their:

  • medical expenses
  • lost earnings
  • physical pain and suffering
  • emotional turmoil

Wrongful death claims are typically filed by the loved ones or the estate of a person who died as a result of the defendant’s negligence. The compensation sought in these complaints may be slightly different:

  • medical expenses of the deceased for treatments they received before they passed
  • lost wages of the deceased
  • the services and support given by the deceased to their loved ones
  • inheritance lost by the children of the deceased
  • funeral and burials expenses

I Don’t Like The Idea Of Filing A Lawsuit, Do I Really Need To?

No, you don’t need to file a lawsuit, however, this is likely the only way that any sort of compensation can be recovered for your expenses and pain and suffering. Additionally, by pursuing legal action, you are sending a message to pharmaceutical companies and the FDA that they need to rethink the way in which they study the safety trial are performed with any drug. Additionally, if enough lawsuits are filed alleging that a drug has caused serious harm to a group of individuals, the FDA may consider issuing a recall of the product, keeping future patients safe.

How Much Can Be Recovered For Plaintiffs?

Each case is different and the losses suffered by each plaintiff vary. The damages that may be awarded will also vary from case to case depending on what the Court thinks is appropriate.

How Long Do I Have To File?clocks representing time

The statute of limitations or the time you have to file a claim, in each state is different. To determine how long you have to file a claim, contact a Xarelto lawsuit attorney as soon as possible. There is no time to waste.

Do I Really Need An Attorney?

It is highly advisable that you work with an attorney if you choose to pursue legal action. It is also a good idea to work with an attorney who has experience going up against pharmaceutical companies regarding their products. An attorney can ensure that all legal avenues are pursued and that you get the maximum amount possible in compensation.

How Much Will It Costs To Hire An Attorney?

Our attorneys who work on Xarelto cases work on a contingency fee basis, which means that you won’t pay a cent until your case is won. Then, their legal fees come directly out of the damages awarded in your case. This amount will be determined before you agree to work with them so that there are no surprises.

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