Product Liability Lawyer Blog
According to a recent news article from the Louisiana Record, the surviving daughter of a man from Ohio claims that her father died as a result of complications due to taking Xarelto. The complaint was filed on April 8, 2016 in a United States District Court. Plaintiff filed the suit against Janssen, which is the marketing arm of Johnson & Johnson and the United States marketing partner for Xarelto. The plaintiff also named Bayer, which is the German pharmaceutical giant that manufactures Xarelto.
The claims included in the complaint are for fraud, breach of an express or implied warranty, defective design, failure to warn of a known danger, wrongful death, and negligent misrepresentation.
Whether a Xarelto injury lawsuit is filed in Boston or in Louisiana, as is the case here, there are standard allegations named in a complaint, because of the facts surrounding the manufacture and marketing of this potentially deadly drug. In this case, plaintiff alleged that when all defendants created and marketed Xarelto, they did so in a way that did not fully investigate the safety of the drug, and then represented to the United States Food and Drug Administration (FDA) that had performed all necessary safety tests. That is where the fraud allegations come in to play.
One of the major claims of Xarelto makers is, unlike in the case of Warfarin (Coumadin), there is no need to change doses for each patient. Warfarin has been used for many years and is generally considered safe and effective as a blood thinner and treatment for atrial fibrillation (Afib).
However, this is only true if a patient on Warfarin gets frequent blood tests to determine if he or she is taking the correct dosage. A patient must also watch his or her diet closely, because certain foods high in vitamin K, like dark leafy green vegetables, can result in a change to the absorption rate. If the dosage is off, it can result in serious internal bleeding disorder that can be fatal, but there is a reversal agent for Warfarin.
In the case of Xarelto, drug makers claimed that there was no need to closely monitor the dose, because it did not change from patient to patient, as it was essentially a one size fits all drug. However, the plaintiffs in this case say that this is not true, and the defendants were well aware of this fact. They have included a claim that the defendants failed to tell patients that there was a need for dosing adjustments, and this resulted in the death of the plaintiff.
As result of taking Xarelto, this plaintiff, along with many other plaintiffs, suffered a serious internal bleeding disorder, and some of those bleeding conditions resulted in serious personal injury or death. In this case, plaintiff is requesting compensatory damages as well as prejudgment interest and any necessary post-judgment interest. They will also be asking for reasonable legal fees and court costs. It should be noted that there has been no finding of liability as of this time.
Call the Boston Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
Wrongful Death Suit Filed Against Xarelto Makers, May 5, 2016, The Louisiana Record
More Blog Entries:
FDA Announces Testosterone Meds Must Carry Broader Warning, July 7, 2014, Boston Products Liability Lawyers Blog