Xarelto is a popular drug taken by more than one million Americans to prevent pulmonary embolism, deep vein thrombosis and strokes in patients with atrial fibrillation. When the anticoagulant debuted in July 2011, it was presented as a “blockbuster” drug to replace warfarin, enabling patients to forego the blood test monitoring and dietary restrictions required by alternate medications.
It wasn’t long before reports trickled in about thousands of patients who experienced excessive bleeding, abdominal cramping, and other serious side effects. At least 65 people have died from uncontrolled bleeding events following Xarelto use, according to federal proceedings consolidated in the Eastern District of Louisiana.
Filing a Xarelto lawsuit cannot bring back a loved one who has died or undo the pain and suffering caused by the drug, but it does offer some financial reprieve and holds the manufacturer accountable for wrongdoing.
The Los Angeles personal injury attorneys at Nadrich & Cohen have experience working with dangerous drug cases and are available for free consultation at (310) 826-8082.
Xarelto lawsuits: who can file?
Plaintiffs in Xarelto lawsuits may include:
- Anyone who has taken Xarelto and suffered an adverse bleeding event requiring medical attention
- The spouse of someone who has been injured or died shortly after taking Xarelto
- The dependents of someone who has suffered injury or death after Xarelto use
In California, the statute of limitations allows personal injury lawsuit filings up to two years from the time of injury. Exceptions can be made for victims who did not know or could not have known the injuries suffered were a result of a defective drug, so do not hesitate to speak with legal counsel.
Xarelto class action lawsuit
Class action lawsuits are one tool courts use to streamline proceedings of similar cases and settle claims quicker. Class actions form when a group of people suffer similar injuries from the same defendant(s). After filing the initial complaint, plaintiffs wait for a settlement offer before going to court.
So far no class actions have been filed against Xarelto manufacturer Bayer, but at least four people have joined one formed in Calgary, Canada. Since there are more than 1,100 formal complaints filed with the government, it is believed the number of plaintiffs in the Xarelto class action will grow considerably as more people learn about the legal options available to them.
Xarelto lawsuit update
Another legal process used to streamline litigation filed in federal courts is multidistrict litigation (MDL). A panel can consolidate individual lawsuits before the same judge working on similar suits. Unlike a class action, cases centralized under an MDL remain separate. Sometimes defendants choose to settle multiple MDL cases at once – particularly after the first few bellwether trials take place — but they are not united in hopes of achieving a common outcome the same way as class action lawsuits. If a plaintiff decides not to take the settlement offer, he or she may still proceed to an individual court hearing. There are thousands of Xarelto bleeding lawsuits consolidated in MDL 2592 before Judge Eldon E. Fallon in Louisiana.
Xarelto lawsuit settlement
Based on our experience, settlement negotiations focus on the following factors:
- Was the injury disabling? Did it require invasive treatment?
- Did it result in long-lasting consequences that may require future care?
- Did the plaintiff participate in employment or hobbies that can no longer be enjoyed?
- What were the past, present and future medical costs associated with the injury?
- Were funeral and burial expenses incurred?
- In the event of disability or death, was the economic loss substantial for dependent family members?
It will be up to your attorney to show a direct cause-and-effect between Xarelto use and injuries suffered. Beyond that, your legal team will conduct thorough discovery and point to conducted interviews, internal documents, medical expert testimony, and other facts to establish the defendant’s negligence.
Average Xarelto settlement amounts
We cannot guarantee a particular outcome, but all our services are offered on a contingency fee basis, so we receive no money unless your lawsuit wins money in a settlement or jury award. It is not uncommon for settlement offers to reach enormous sums. In similar proceedings for Pradaxa injuries, plaintiffs received an average settlement of $162,500. If the amount offered seems like a small pittance for all the costs you’ve incurred and all the emotional hardship you’ve faced, our seasoned attorneys will negotiate harder and push for more at trial.
Xarelto blood thinner lawsuit: step by step
The first step toward exploring your legal options is to contact the attorneys at Nadrich & Cohen by calling (310) 826-8082. We will review the details of your case and let you know if you have a viable claim that carries a good prospect of winning. If we agree to take you on as a client, we will help you with your filing and collect all the necessary support documentation you need.
Since the litigation is so fresh, we are likely to see hundreds more cases added to the Xarelto MDL. Often, defendants wait for the first few “bellwether” trials to begin. The first Xarelto lawsuit is scheduled for trial on February 6, 2017 and the second is scheduled for March 13, 2017. Should the defendant lose these early cases, settlement negotiations may be forthcoming.
Plaintiffs may agree to the terms of a settlement offer or wait for their day in court. We know how hard it can be to put a dollar amount on physical pain and emotional suffering. We are there for you every step of the way to help in the negotiations using our unique understanding of the case, extensive network of professionals, and special set of skills.
Call our offices today to arrange a free and confidential case review.
Xarelto lawsuit resources
- JPML – Pending Dockets http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-August-15-2016.pdf
- Calgary Sun – Calgary class-action lawsuit against Bayer alleges negligence over Xarelto anticoagulant drug
- Bloodthinner Help – Dates For the Xarelto Bellwether Trials Have Been Set http://bloodthinnerhelp.com/dates-for-the-xarelto-bellwether-trials-have-been-set