File a Xarelto Lawsuit
For 60 years, hip and knee replacement patients were only offered Coumadin (warfarin) to reduce their risk of stroke and blood clots. The trouble was, this standard therapy interacted with many other drugs and required frequent patient monitoring, which was not only time-consuming but expensive, too. Patients were required to quit smoking, avoid foods containing Vitamin K, and avoid contact sports while taking Coumadin.
Bayer’s Xarelto offered an easy universal dose that did not require monitoring or lifestyle restrictions. It quickly became a preferred treatment among all patients, including those who were seriously at risk of stroke, pulmonary embolism and deep vein thrombosis. Over 1.4 million patients have been treated with Xarelto since its debut in 2011.
Despite the drug’s obvious advantages and popularity, FDA panels continually stated that there wasn’t enough data and that the benefits may outweigh the risk. More than 7,000 Xarelto lawsuits have been filed, alleging serious side effects tied to the drug, such as uncontrolled bleeding that required hospitalization, disabling abdominal cramping, and even death. Unlike other drugs of its class, Xarelto has no known antidote to reverse adverse effects.
Robert J. Bonsignore Esq. specializes in pharmaceutical and medical device litigation. He received national and international media attention for his work in the Sulzer hip replacement case, where he discovered crucial evidence of internal document destruction. With over 30 years in business, he brings the depth of knowledge and experience necessary to win big, complex cases. Mr. Bonsignore has served as lead counsel on multiple cases resulting in jury awards in excess of $350 million.
Why not hire the very best representation for your Xarelto lawsuit? Bonsignore Trial Lawyers is based out of North Las Vegas, but hears cases from around the country 24/7, toll-free at 888-461-8720. We work on a contingency basis, so there is no charge for legal counsel unless we take your case and win you money.
Who is eligible to file a Xarelto blood thinner lawsuit?
Bonsignore Trial Lawyers filed Xarelto lawsuits on behalf of individuals who suffered medical complications they believe were related to their use of the drug, as well as surviving spouses and dependent children who were adversely affected.
General qualifications to file include:
- Use of Xarelto by yourself or a loved one within the statute of limitations for your state
- Physical complications that required medical care at or around the time of use
Xarelto lawsuit statute of limitations
State statute of limitation laws were designed to eliminate abuse and fraud of the legal system by imposing a time limit for when plaintiffs may file. Over time, memories fade and records become harder to dig up. In most states, patients have 2-3 years to formalize their personal injury complaint. One allowable exception is the “Discovery of Harm” rule, which says the clock for statute of limitations starts ticking after the discovery of harm. Some patients may not have realized there was a known issue with Xarelto until they heard about it on the news. If you have any question about your eligibility to file a Xarelto lawsuit, call 888-461-8720.
Xarelto class action lawsuit
With a class action lawsuit, multiple plaintiffs can piggyback off a group filing, with the hope of soliciting a settlement offer to avoid lengthy trial proceedings. Injured individuals are essentially treated as one plaintiff in court. There are no Xarelto class action lawsuits filed in America as of September 2016, but there is one underway across the border in Canada. Bayer stated in a 2015 quarterly report that there were a total of six class action requests pending in Canada.
Canadians lodged at least 1,100 adverse event reports with the federal government, prompting a group of plaintiffs to seek $150 million in damages. The lawsuit cites reports from Germany that link more than 130 excessive bleeding deaths to use of the drug in 2012 and 2013. Attorneys say that the plaintiffs would have never taken the drug had they known of the risks and that no antidote existed. They argue that defendants breached the duty of care by failing to make proper disclosures on their labeling and that manufacturers were negligent for failing to conduct adequate tests to determine the safety of the product and identify a reversal agent.
Xarelto lawsuit news
The creation of a class action lawsuit in Canada followed the creation of Multi-District Litigation (MDL 2592), which consolidated and transferred more than 7,000 similar lawsuits to the before Judge Eldon E. Fallon in Louisiana. Additionally, there are over 620 lawsuits grouped together (#346) in a mass tort presided over by the Court of Common Pleas in Philadelphia, Pennsylvania.
MDLs are similar to class action filings, but the focus is more on individual cases, which will proceed to court individually if a group offer never comes or is insufficient for the injuries suffered. Plaintiffs are awaiting early bellwether trials scheduled for February and March 2017, which will identify strengths and weaknesses of the case at large. From there, a settlement offer may come, the mass tort claim may be thrown out entirely, or individual cases will await their day in court.
So far, no Xarelto settlements have been offered, as the first cases are yet to be heard in court. Generally speaking, the cases with the largest payouts involve disabling injuries involving surgery or other rigorous, invasive therapies. Wrongful death cases are similarly compelling, as the ill effects are enduring. Families that suffered financially through expensive medical bills and lost income, in addition to emotional pain and suffering, tend to receive higher amounts. It is up to the experienced legal team to show direct cause-and-effect and establish the defendant’s duty of care to the plaintiff by assembling a collection of interviews, internal memos, and expert testimony.
Average Xarelto lawsuit settlement
While no Xarelto settlements are currently in the works, we can look at similar proceedings as a general guide for what might happen. In the summer of 2014 – just before bellwether trials were scheduled to be heard in court, 4,000 patients injured by anticoagulant Pradaxa were offered average settlements of $162,500. Some of the plaintiffs opted to pursue individual jury awards through proceeding to trial, but they will not benefit from the exploration and discovery already conducted under the MDL.
Xarelto bleeding lawsuit: what is the process?
If you or a loved one was harmed by the use of Xarelto, you may contact Bonsignore Trial Lawyers at 888-461-8720 to begin exploring your legal options. After a timely case review, a worthwhile claim will receive an offer of legal service with clearly defined contingency fees. When you accept our offer, we help you file your Xarelto lawsuit and set to work assembling all the evidence necessary to build a substantial claim. We’ll keep you informed every step of the way, as these proceedings can be long and tedious. We anticipate the pace to pick up as we draw nearer to the first bellwether trials.
Xarelto lawsuits: resources
- CBC – Manitoba Man Part of a Class Action Suit Against Drug Giant Bayer http://www.cbc.ca/news/canada/manitoba/manitoba-man-part-of-class-action-suit-against-drug-giant-bayer-1.3331906
- Press Advantage – Calgary Class Action Xarelto Lawsuit Filed As A Second Canada Class Action Suit May Be Forming https://www.pressadvantage.com/story/9384-calgary-canada-class-action-xarelto-lawsuit-filed-as-a-second-canada-class-action-suit-may-be-forming
- Bayer – Quarterly Report http://www.quarterly-report-2015-q2.bayer.com/en/explanatory-notes.aspx#legalrisks
- JPML – Pending Dockets http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-August-15-2016.pdf