Bayer Healthcare and Johnson & Johnson have agreed to pay $755 million to settle a multidistrict litigation (MDL) consisting of more than 23,000 lawsuits filed over the blood thinner Xarelto.
According to a statement by Beasley Allen law firm, which represented the plaintiffs, the settlement is a “private agreement” that will resolve the MDL, as well as any lawsuits that were filed in federal and state courts by April 4, 2019. The companies reportedly did not admit liability and only agreed to settle to save time and resources.
If you have not filed a suit and believe you were harmed by Xarelto, contact an attorney in your area for more information. If you have already filed suit, contact your personal attorney regarding your claim, eligibility for the settlement, and what you need to do to move forward.
The information below is for reference only.
At A Glance
This Alert Affects:
Patients who suffered serious bleeding events after taking Xarelto.
What Is Xarelto?
Xarelto (rivaroxaban) is a blood thinner (anticoagulant) that is prescribed following knee and hip replacement surgeries to prevent the risk of blood clots. Xarelto has also been approved for use in patients with non-valvular atrial fibrillation (irregular heartbeats) to prevent the risk of strokes and systemic embolisms (severe blood clots).
What Injuries Have Been Linked to Xarelto?
Gastrointestinal bleeding, cerebral hemorrhaging and other types of internal bleeding.
Who's Getting Sued?
Bayer, Johnson & Johnson, and Johnson & Johnson's Janssen unit.
The lawsuits claim the drug is defective and unreasonably dangerous and that doctors and patients were not properly warned about the drug's risk of irreversible bleeding.
What Could I Get from a Lawsuit?
Compensation for medical bills, lost wages, pain and suffering, and in cases of death, funeral expenses and loss of projected earnings.
Type of Lawsuit
Lawsuits have been filed alleging that the popular blood thinner Xarelto can cause serious and irreversible internal bleeding.
According to the suits, Xarelto has no antidote to reverse its blood-thinning effects, unlike the decades-old Coumadin (warfarin). It has been alleged that without an antidote, doctors have no effective means of stopping a Xarelto user from bleeding in the event of an emergency. The suits claim that patients and doctors should have been better warned about the drug’s risks and are now seeking compensation from Johnson & Johnson and Bayer for medical bills, funeral expenses and other losses.
If you or a loved one has taken Xarelto and experienced bleeding problems, such as cerebral hemorrhaging or gastrointestinal bleeds, you may be able to file a lawsuit.
What Are the Lawsuits Saying About Xarelto?
Alternative Drugs Were Available to Patients
In 2011, Bayer and Johnson & Johnson funded a clinical study comparing Xarelto to an older anticoagulant, warfarin, and found that both drugs were equally as effective at preventing strokes and severe blood clots known as systemic embolisms. The study also found, however, that patients using Xarelto were at a higher risk for developing gastrointestinal bleeding and required more transfusions than patients taking warfarin. Despite these findings, the companies allegedly marketed Xarelto as a superior alternative to warfarin, a generic drug that costs a fraction of the price of Xarelto. While patients taking Xarelto do not need to follow any dietary restrictions or undergo regular blood monitoring, they are without an antidote in the event of an emergency – unlike warfarin users.
Bayer and Johnson & Johnson Knew Xarelto Could Cause Dangerous Bleeding Problems
The lawsuits allege that Bayer and Johnson & Johnson knew or should have known of the risk of “serious bodily harm or death from the use of Xarelto,” but failed to provide adequate warnings to both patients and physicians. The suits also claim that the companies knew or should have known they were marketing a drug “so dangerous that it shouldn’t have been taken by anyone.”
Xarelto Bleeding Warnings Were Inadequate
Bayer and Johnson & Johnson have yet to produce an antidote to stop the blood-thinning effects of Xarelto, but according to the lawsuits, the drug's label does not mention the lack of an antidote. While the plaintiffs acknowledge that the label does state "Xarelto can cause serious and fatal bleeding," they allege that this warning is inadequate because it completely "side-stepped the important issue of reversing the effects of Xarelto should a bleed occur." Additionally, the suits claim that by failing to include a warning about the lack of an antidote, the companies failed to advise doctors on how to stabilize patients in the event of bleeding emergencies.
How Can a Lawsuit Help Me?
The purpose of filing a lawsuit against a drug manufacturer is to recover compensation from the company for any losses sustained as a result of the patient’s injuries. Depending on the details of your claim, including whether the patient has died as a result of a bleeding event, these losses may include medical bills, funeral costs, lost wages and pain and suffering. You may also be eligible for punitive damages, which are awarded when a judge or jury finds that a company acted with willful and wanton disregard for the public’s safety. These damages are meant to not only punish the defendant, but to also discourage other companies from acting in a similar fashion.
The amount you can recover through a lawsuit will depend on a number of different factors, including:
The patient’s age
The severity of the injury
Whether the patient had any dependants
Whether the patient has died
How Much Does a Lawyer Cost?
In these types of cases attorneys generally work on a contingency fee and only charge their clients if they are able to win their case, either through a settlement or favorable jury verdict.
What Injuries Can Xarelto Cause?
Lawsuits allege that Xarelto can cause various serious bleeding problems, some of which can prove fatal. For instance, while a Kentucky woman alleged she suffered severe internal and gastrointestinal bleeding after taking Xarelto, another woman, who filed a lawsuit on behalf of her deceased husband, allegef that he suffered a fatal subdural hemorrhage (a hemorrhage on the surface of the brain) after taking the drug.
In addition, both the makers of Xarelto and patients who suffered bleeding problems after taking the drug have reported dozens injuries to the FDA’s Adverse Events Reporting System (FAERS).
According to these reports, Xarelto was considered the “primary suspect drug” for the following bleeding problems:
Menorrhagia (abnormally heavy menstrual bleeding)
Ecchymosis (bleeding beneath the skin that causes discoloration)
Hemoptysis (coughing up blood)
Hematuria (blood in urine)
The FAERS database also linked Xarelto to the following blood clot problems:
Deep vein thrombosis
Strokes and cerebral infarctions (a type of ischemic stroke)