Lawsuits are being filed across the United States against the manufacturers of blood thinner Xarelto, alleging that the drug was the cause of severe internal bleeding that caused serious injury and in some cases death. In the latest lawsuit to be filed in this litigation, a widower from Florida sues the drug conglomerates Bayer AG and Johnson & Johnson
This lawsuit was filed on June 23, 2014 in the United States District Court for the Southern District of Florida under case number 9:14CV80831. You can download the official complaint below.
The Basis of the Xarelto Lawsuit
Like many of the filed lawsuits in federal and state court, the complaint detailed their allegations as to the knowledge that Bayer AG and Johnson & Johnson had about the risks of taking Xarelto. Specifically, the plaintiff brings a claim under several counts:
- Failure to warn
- Design Defect
- Negligent Design
- Negligent Misrepresentation
- Breach Of Warranty
- Violation of Consumer Protection Laws
- Punitive Damages
- Wrongful Death (medical, funeral burial, net accumulations and loss of earnings)
Did Xarelto Cause A Subdural Hemorrhage In Florida Man That Lead To Death?
The complaint outlined that on January 10, 2012 the plaintiff’s husband was prescribed Xarelto by his primary physician to reduce the risk of blood clots and deep vein thrombosis from atrial fibrillation, a common heart condition. The decedent suffered from a subdural hemorrhage, which is a bleed just outside the brain, and was hospitalized for several days where he underwent a right frontal bur hole with evacuation as doctors tried to stop the severe subural bleeding.
Unfortunately, the plaintiff’s husband died as a result of his complications on June 28, 2012. The complaint alleges that Xarelto was the proximate cause of the subdural hemorrhage and that the plaintiff’s husband would not have taken Xarelto had he known of the risks associated with the drug, given safer alternatives existed at the time.
What Is A Subdural Hemorrhage? And What Complications Could Xarelto Cause?
A subdural hemorrhage, as referenced above, is a bleed around the brain. It is also known as a subdural hematoma. They are usually caused by some form of head trauma, like a fall, however they can also occur from light activity. Sometimes, with age, the veins around the brain stretch and can tear. This will cause blood to fill around the brain and apply pressure on brain tissue. A subdural hematoma is very serious and often leads to death or a serious stroke.
Since Xarelto is a blood thinner, it prevents blood from clotting or coagulating. Coagulation is needed to stop the bleed in a subdural hematoma or hemorrhage. Since Xarelto (Rivaroxaban) has no reversal agent or antidote, a patients bleed can only be stopped through extreme measures such as a bur hole and transfusion of blood to remove the drug from your system. Unfortunately, many deaths like the plaintiff’s husband occur in this way.
Xarelto Lawsuit Settlement: Can I Sue For Wrongful Death?
This Florida family are bringing this wrongful death lawsuit against the manufacturers of Xarelto alleging that they concealed information about serious risks regarding Xarelto, and put a product into the market knowing these risks, and the fact it had no reversal agent.
A Xarelto wrongful death lawsuit enables the estate, and loved ones of the deceased to recover financial compensation for medical, burial and funeral expenses, along with loss of future income, support, and companionship.
While at this point, no lawsuits have proceeded to trial, it is difficult to estimate whether this case will settle or go to a jury and it is difficult to determine what the financial remedies will be since every case is unique and will be assessed on a case by case basis. This is not a class action but litigation brought individually by each plaintiff.
It remains to be seen how this lawsuit will play out, however we will provide updates on bloodthinnerhelp.com