Xarelto is a brand of rivaroxaban for blood thinning. Blood thinning drugs under the Xarelto brand are proven to have side effects that worsen health. These side effects include infection, wound leakage, and internal bleeding. As a result, some consumers filed an Xarelto class action lawsuit.
It is a huge deal to explore further about Xarelto and the cases of lawsuits filed by its consumers since many people have been consuming this drug. Please keep reading this article while recharging your battery to get comprehensive information.
What Is Xarelto?
Xarelto is a brand of oral medication that contains rivaroxaban. Typically, medical professionals will prescribe rivaroxaban for patients who have undergone hip or knee surgery.
Likewise, rivaroxaban can also reduce the risk of stroke, and blood clots in patients with nonvalvular atrial fibrillation, and treat deep vein thrombosis and pulmonary embolism. Bayer Corporation and Johnson & Johnson are two companies collaborating to produce and distribute Xarelto.
The U.S. Food and Drug Administration has approved this brand for sale on the market. The Xarelto class action lawsuit was initially filed in 2014 and is still ongoing to this day. The lawsuit status was consolidated into federal MDL (Multidistrict Litigation).
What Does Class Action Lawsuits Mean?
A class action lawsuit is a legal claim representing a group of individuals such as customers, patients, employees, or even investors with the same claim addressed to one or more defendants.
The court will certify with the judiciary as a class action as long as it meets the criteria. Rule 23 is a legal rule that guides the criteria for lawsuit certification.
To meet these criteria, the plaintiff must have a fairly large group. When certifying a class action, the court order must specify the class, the issues, the class action, appoint class counsel, and the class defense.
Xarelto Class Action Lawsuit
Manufacturer Bayer received a class action lawsuit in Canada from Merchant Law Group LLP. This lawsuit is on behalf of Canadian residents who take the oral medication Xarelto.
They filed the lawsuit because they suffered health problems such as emergency hospitalization due to uncontrolled bleeding, brain hemorrhage, and gastrointestinal bleeding after consuming Xarelto.
Even though it has not yet reached the common issue trial, this lawsuit has received certification. The lawsuit was certified because the judge decided that the Canadian class members had a common problem with Bayer.
Similarly, the certification judge has also decided whether Bayer manufacturers violated caution in marketing Xarelto. The precaution in question is that failing to provide warnings that Xarelto may result in serious and irreversible bleeding.
What Triggered the Xarelto Lawsuit to Emerge?
The emergence of the Xarelto Class Action Lawsuit has obviously grabbed the attention of many people. Since the mass media also reported on this lawsuit case, the public must be curious and will definitely find out what sparked this lawsuit.
The major reason why a class action lawsuit was filed against the oral drug brand Xarelto is because it has fatal side effects on health. Accordingly, the lawsuit was addressed to Bayer, Janssen Pharmaceutical, and Johnson & Johnson.
The three defendants failed to warn of the negative side effects that patients who took Xarelto were susceptible to. Worst of all, they also failed to warn patients that the brand of rivaroxaban they manufacture does not have an antidote.
If these three manufacturers had provided early warnings about the side effects they would cause, patients would definitely not have chosen the blood thinner medication. Aside from that, patients can still take blood-thinning drugs safely if the company that produces them provides an antidote.
The Xarelto class action lawsuit might have been avoided if the Buyer and the two partners provided an antidote. Hence, patients can prepare an anticoagulant antidote if uncontrolled bleeding occurs after taking Xarelto. Negative side effects and the absence of an antidote definitely increase the risk of death.
Xarelto Lawsuit and Settlement Update
Consumer Safety informed that in March 2019, Bayer settled a lawsuit over the blood thinner Xarelto for 25,000 claims. Along with that, Bayer and its partners, Jonhson & Johnson, also announced a joint settlement worth $775 million. The statement proposed that each company pay $387.5 million.
The company can pay this amount of money even though some of it is paid from insurance. When compared with 2018, the number of settlements is relatively less. The average rate range per plaintiff is $31,000. The total increase for each person may be different because it depends on the severity of side effects and other factors.
What Damages Will Xarelto Victims Receive?
Xarelto class action lawsuit victim may receive damages as below:
1. Medical Costs
Since the side effects of Xarelto can worsen the health of patients who take it, the victim will most likely receive compensation for past medical costs. The reason is that the adverse effects cause the victim to have to receive medical treatment.
2. Funeral Expenses
The defendant company must pay funeral costs for victims who died related to Xarelto consumption. Furthermore, paying funeral costs is also for victims who take Xarelto to their families.
3. Pain and Suffering
Patients who survive after taking the blood thinning drug Xarelto are also entitled to compensation for pain and suffering. Bear in mind that this payment is limited to the pain and suffering experienced by their descendants. In other words, other family members will not receive Xarelto class action lawsuit compensation.
4. Lost Income
Severe side effects from taking Xarelto will definitely require medical treatment. While undergoing this treatment, the patient will not be able to work as normal. Therefore, victims are entitled to receive lost compensation as long as they are absent from work.
In fact, the defendant company must pay the lost income according to the lost working time. Other than that, the company must also pay compensation for the loss of future wages if the victim who took Xarelto is permanently disabled. The reason is that this condition makes it impossible for the victim to work again.
What is the Influence of the Xarelto Class Action Lawsuit?
As a matter of fact, the Xarelto class action lawsuit is addressed to three companies including Bayer, Janssen Pharmaceutical, and Jonhson & Jonson. The Xarelto lawsuit was triggered by the manufacturer’s failure to warn of negative side effects and antidotes.
Consequently, the health of patients who consume Xarelto worsens, even resulting in death. With this lawsuit, the company will be responsible for paying a settlement and raising consumer awareness of the dangers of Xarelto’s side effects.