As we reported recently the formation of a multidistrict litigation panel to exclusively deal with discovery and pretrial hearings for the Xarelto blood thinner litigation, there has been a surge in the filings of lawsuits against the manufacturers of the drug, Bayer AG and Johnson & Johnson (Janssen). In a short 3 week timeframe over 60 new lawsuits have been filed in federal court, which have been transferred to the new federal “home” of Xarelto litigation before Judge Eldon Fallon in New Orleans, Louisiana.
Allegations In These 60 New Xarelto Lawsuits
With the formation of the Xarelto MDL (No. 2592), comes standardized procedural forms which streamline the litigation. One standardization is that of a short form complaint, which incorporates by reference many of the counts that are similar to all cases filed in a Xarelto lawsuit. Each new filing will submit a fact sheet identifying the specific facts as they pertain to that plaintiff. Thus, the allegations remain for the most part, the same.
These 60 new lawsuits were transferred with allegations that the manufacturers of Xarelto, among other things:
- recklessly placed a more dangerous drug into the market, that has no great advantage over existing medications; and
- knowingly promoted Xarelto as a more convenient solution for blood thinning despite the fact that there was no known reversal agent.
All plaintiffs allege that had they known about the severe risks associated with Xarelto, they would not have taken the drug and may have avoided the serious injuries they suffered.
Injuries Sustained By Patients Who Took Xarelto
The fact sheets of each transferred Xarelto lawsuit allege that the blood thinner resulted in serious internal bleeding events which caused hospitalization for injury and in some cases death. These events included:
- Gastrointestinal bleeding
- Brain hemorrhage
- Subdural hematoma
- Epidural hematoma
- Pulmonary embolism
- Heart attack
- Blood Clots
- Rectal bleeding
- Liver issues
Our attorneys have provided a breakdown of each of the above on this page: http://bloodthinnerhelp.com/xarelto/xarelto-side-effects-and-risks/
What Happens Next?
We expect the surge in cases to continue, given the sheer volume of prescriptions of Xarelto that were issued across the country and the incidence of a significant internal bleeding event based on the studies. In fact, the Xarelto litigation is relatively similar to a mass tort that took place with another blood thinner, Pradaxa (Dabigatran). In the Pradaxa litigation, 4,000 lawsuits were filed in a two year period and they were all settled by the manufacturer, Boehringer Ingelheim in May 2014 for $650,000,000. We anticipate several thousand lawsuits to be filed in the Xarelto litigation also.
Our attorneys are monitoring the MDL litigation and will provide updates on the progression of the litigation.
The court has ordered a pretrial conference for all attorneys on January 20, 2015. For a copy of the order, click here.