An Indiana couple won a lawsuit in the beginning of December 2017. The couple argues that severe injuries on the part of the drug could have been avoided if the patient was aware of the risks prior to filling the prescription. Manufacturers Johnson & Johnson and Bayer AG were ordered to pay $27.8 million in the Xarelto trial outcome due to claims that they did not properly warn patients about the severe side effects of the blood thinner.
Previous cases appeared to have given the legal edge to the drug manufacturers, but the newest outcome in this trial holds promise for future plaintiffs with pending cases.
Compensatory damages represented $1.8 million of the Xarelto trial award. In addition, a total of $26 million in punitive damages were awarded to that couple. In terms of this compared with other trials, this was the first manufacturer loss in litigation. The three previous federal trials led to verdicts for the defense.
Initially the couple in this Xarelto trial filed their case in 2015 when the wife received a 2013 prescription for the medication to prevent a stroke. In 2014, however, that same patient developed severe gastrointestinal bleeding and had to go to the hospital.
She filed a lawsuit after allegations that the manufacturers had not gone far enough to warn consumers or the medical community about the risk. This is not the only lawsuit of this kind.
Within the Pennsylvania state court mass tort litigation held in Philadelphia, there are approximately 1,400 cases currently pending.. During the Xarelto trial, a previous FDA commissioner testified that there were not appropriate warnings on the medication about the side effects..
Johnson & Johnson and Bayer have shared that they intend to appeal this verdict. In past trials, the defendants have been favored even though similar claims of severe gastrointestinal bleeding have been lodged against the manufacturer.
Thousands of plaintiffs in litigation argue that they were never warned about the bleeding risks of and developed severe gastrointestinal problems as a result. Another set of 19,000 cases are currently pending in an MDL in the U.S. District Court for the Eastern District of Louisiana.
One of the biggest dangers raised in this Xarelto trial is that new generation anti-coagulant drugs such as have no easily accessible antidote to discontinue excessive bleeding once it begins in a patient.
The most popular blood thinner for years, Warfarin however, does have vitamin K injections as an antidote to treat excessive bleeding problems.
This, along with other claims of severe injuries due to use, are found in numerous lawsuits pinpointing the manufacturers as responsible for injuries.
If you believe you have grounds to pursue a lawsuit due to injuries, consult with the lawyers at McDonald Worley today. The case evaluation is free.
Note: McDonald Worley is not representing the plaintiff in this lawsuit.