Ohio Couple File Xarelto Lawsuit Against Bayer AG and Janssen Pharmaceuticals

xarelto bleedingXarelto Lawsuit Filed Against Makers of Xarelto

A husband and wife from Ohio filed suit against the makers of the drug Xarelto, charging that it directly caused the woman to suffer significant health issues, including a potentially fatal bleeding episode and anemia.

In recent months, many of these product liability suits against Bayer AG and Janssen Pharmaceuticals (a division of Johnson & Johnson) were consolidated into a multidistrict litigation (MDL 2592), which will be tried in the Eastern District of Louisiana under Judge Eldon Fallon.

While it was initially heralded as a wonder drug, Xarelto has since accumulated more than 3,000 lawsuits against it, many with similar claims. The plaintiffs claim that they were placed at undue risk to suffer catastrophic bleeding events, some of which proved fatal, by taking the drug.

$150,000 in damages

The Ohio couple is seeking more than $150,000 in damages to defray the cost of existing medical expenses and the future care for her injuries. Originally, she was prescribed the new-generation anticoagulant because she suffers from a cardiac disorder known as atrial fibrillation. This can often place individuals at a heightened risk for stroke.

According to the claim, she began experiencing difficulties within two months of beginning the Xarelto regimen. A rupture in her intestinal blood vessels was continuing to bleed, due to the anti-clotting action of the drug. The suit claims that this contributed directly to anemia and other factors that have substantially impaired her ability to live a full life.

The FDA approved Xarelto for public use in 2011 as a new way to prevent blood clots.

Originally, its stated uses included treatment for those suffering from pulmonary embolism or deep vein thrombosis and patients recovering from hip or knee replacement surgeries. However, the approved uses soon expanded to include it as a preventative measure in the treatment of atrial fibrillation.

For more information, see Xarelto Bellwether Trials Set.

 

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Xarelto MDL 2592 Important Developments

Xarelto MDL 2592


Important Developments in the Xarelto Litigation

There have been two important developments in the Xarelto Litigation, one in the Federal Litigation before Judge Eldon Fallon and the other in the Philadelphia court of Common Pleas before Judge Arnold New.

Deadline Set for Filing Bundled Claims In Xarelto MDL 2592

In Xarelto Litigation Federal MDL 2592, on March 21st, Judge Eldon Fallon issued Pretrial Order No. 11E.

PTO 11E sets a deadline for filing bundled complaints in MDL 2592 as well as filing Short Form Complaints. The deadline set by Judge Fallon is May 20th 2016.   This order does not prevent claims from being filed in MDL 2592 after May 20th however, for each complaint filed after May 20th the firm filing the complaint will need to pay the full filing fee for each claim filed and will no longer be able to file multiple claims for a single filing fee.

Firms filing after the May 20th deadline will also no longer be able to file a short from complaint. Complaints filed after May 20th must be filed in accordance with FRCP and Local Court  Rules.

This order will be in effect until such time as Judge Fallon may elect to amend the order. In that Judge Fallon has often expressed a displeasure with firms holding cases which are ripe for filing, preventing him from having a clear picture of the number of potential cases in the Universe of an MDL before him, it is unlikely that he will amend this order.

Deadline for Filing Short Form Complaints in Xarelto MDL 2592

Xarelto MDL 2592 PTO 11E also sets the same May 20th deadline for filing Short Form Complaints in the Xarelto MDL before Judge Fallon. After May 20th, attorneys filing cases in the MDL will be required to file “Long Form”, in the manner a case would be filed in the local Federal Court in the Easter District of Louisiana under any other circumstances.

 

Philadelphia Court of Common Pleas Allows Efficacy Claims

In the State MDL before Judge Arnold New which is ongoing in the Phildelphia Court of Common Pleas, Judge New has elected to allow “Efficacy Claims” to be filed in that MDL in addition to claims related to uncontrolled bleeding. Judge Fallon has yet to follow suit and may not.

Efficacy claims are those that arise from blood clot related injuries, experienced by individuals while taking Xarelto. Arguably, Xarelto should have prevented these injuries from occurring. Plaintiff argues that due to Xarelto’s one time per day dosing, the anticoagulant intensity of Xarelto is depleted long before the patient consumes the next dose, leaving the patient exposed to the very injuries Xaretlo is intended to prevent. Plaintiffs content that the makers Xarelto designed its “one time per day” product simply to gain a marketing advantage over other multi time per day products it was competing against, primarily Pradaxa and Eliguis .

 

Subscribers to www.masstortnexus.com may access all documents related to the Xarelto Litigation MDL 2592 as well as the Xarelto Litigation ongoing in the Philadelphia Court of Common Pleas. Mass Tort Nexus Subscribers also have access to all forms, orders, documents and information related to all ongoing Pharmaceutical and Medical Device Product Liability Litigation’s in the Emerging Phase , Litigation as Phase well as the Settlement Phase.

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