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Xarelto Settlements: How Long Will A Xarelto Lawsuit Take?

 

One of the many questions we get from our clients and during intake is a) whether there have been any Xarelto settlements to date and b) how long will a Xarelto settlement take. The first lawsuits filed alleging that Xarelto caused internal bleeding, which resulted in serious injury or death, were filed against the manufacturers of the blood thinner in early 2014. These bleeding events include:

  1. gastrointestinal bleeding
  2. pulmonary embolism
  3. brain hemorrhage
  4. epidural hematoma
  5. rectal bleeding

On April 21, 2015, Osborne & Associates’ Managing Partner, Joseph Osborne, recently commented on the pending Xarelto litigation:

We really are in the infancy of this litigation. It will take several years for the litigation to progress through the judicial system whereby we believe Bayer AG and Johnson & Johnson will likely have to pay out substantial compensation to those injured or families who have lost a loved one due to the side effects of Xarelto.

Xarelto Settlement And Litigation Process

Filing Of Lawsuits

The first phase will be the filing of Xarelto complaints in various jurisdictions around the country, in both state and federal court. These complaints will layout the basis of the Xarelto lawsuit and will identify the damage, pain and suffering endured by the plaintiff.

Based on the numbers of prescriptions of Xarelto issued, and the incidence of an adverse event from the scientific studies, we believe there will be thousands of lawsuits filed alleging that Xarelto caused an adverse event such as an uncontrollable internal bleed which lead to severe injuries or death.

Formation Of MDL

At the end of 2014, the Xarelto litigation advanced to the next phase where all federal filed Xarelto lawsuits were centralized under an MDL or Multidistrict Litigation group at the Eastern District of Louisiana under presiding District Judge Eldon Fallon. Once a mass tort has several filings, either party can petition the court to consolidate the claims in an MDL which will expedite the cases and conserve judicial resources. This mechanism enables lawyers to focus on organization of cases, and discovery in preparation for initial trials and settlement talks. This process will take at least one year.

The First Xarelto Trials

Upon completion of discovery, designated plaintiffs counsel will identify several cases from the pool of cases that are ready for trial. These cases are known as “bellweather cases”. These trials are not expected to take place before 2016. Each trial will take at least one month, and the verdict of each trial will be an indication of the settlement value of a Xarelto lawsuit.

Xarelto Settlement

Settlement negotiations will likely take place in 2016 at the earliest where the defendants will likely settle all the federal cases in one mass settlement. This is similar to how the Pradaxa blood thinner litigation played out where they settled 4,000 cases for $650 million. If no settlement is reached, trials will continue to be scheduled.

Determining Factors At Xarelto Settlements

From meeting our clients and speaking with several victims, we understand the hardship and pain endured by the people who suffered an adverse event. The settlement negotiations will specifically focus on the factors that a jury would take into account what a jury will take into account at trial. These key factors include:

  • what injury was suffered as a result of taking Xarelto?
  • how long did the injury last?
  • what were the short term and long term effects of the injury on the plaintiff?
  • what future care might be needed?
  • in the event of death, what financial compensation will no longer be available to dependents?
  • in the event of disability, what economic loss will be suffered in the future because of an inability to work?
  • in a wrongful death xarelto case, to what extent will loss of companionship exist because of the loss of a loved one?
  • what medical expenses were incurred in the past?
  • what medical expense will be incurred in the future?
  • what burial or funeral expenses were incurred?

Thinking About Filing A Xarelto Lawsuit?

If you or a loved one suffered an injury or death because of an adverse event you believe was caused by Xarelto, then feel free to contact our compassionate, experienced lawyers today. We will evaluate your claim and advise you of your legal rights. We are helping families and individuals all across the United States who believe they have been wronged by the manufacturers of Xarelto. Call us today. The call is free and there is no fee for our services until we recover financial compensation for you.