Did you or a loved one suffer serious injuries after taking Xarelto? You are not alone. A series of bellwether trials for Xarelto in federal multidistrict litigation (MDL) will begin in the coming year.
The Xarelto MDL (No. 2592) resulted from numerous product liability complaints about the blood thinner and claims about the serious injuries it is believed to have caused to patients in the Chicago area and, indeed, throughout the country.
A bellwether trial can indicate the direction in which a particular kind of claim is going. In the Xarelto MDL, the bellwether trials will help to determine whether plaintiffs are likely to receive compensation for their injuries in future trials.
Currently, there are more than 2,200 lawsuits that relate to Xarelto throughout the country and involve allegations against the drug makers Bayer AG and Janssen Pharmaceuticals. The plaintiffs allege uncontrollable bleeding and life-threatening injuries as a result of Xarelto use.
Generally speaking, bellwether trials involve plaintiffs that have been selected as being highly representative of all the plaintiffs who might have a claim, according to a Tulane Law Review article cited by the U.S. Judicial Panel on Multidistrict Litigation (JPML).
Given that multidistrict litigation brings together a number of different plaintiffs and is aimed at an even larger population of injured plaintiffs, the issues in this trial typically involve claims of injury or theories of law that may be applicable to all of the plaintiffs in the group.
When a bellwether case goes to trial, the results of the trial — whether the plaintiffs win or lose — sends a signal for other similar trials that may be in the works. According to the JPML, bellwether trials often are known as “representative” trials for this reason.
How are bellwether cases selected? The article explains that the court and attorneys in a MDL “select a predetermined number of individual cases within the sample set and set these cases for trial.”
According to documents from MDL No. 2592, 40 individual plaintiff cases were first selected for the discovery pool, from which plaintiffs selected 10 individual plaintiff cases and defendants selected 10 individual plaintiff cases.
The primary selection factor for a bellwether case such as this one is that all of the plaintiffs “come from representative categories,” meaning generally that each case has alleged similar injuries or theories of law.
Each state has its own time limits for filing a Xarelto claim. The amount of time you have to file a lawsuit is known as the statute of limitations. If you do not file a claim within your state’s specified amount of time, you are barred from filing a lawsuit and cannot receive financial compensation for your injuries.
For Illinois residents, there is a two-year statute of limitations for product liability claims under 735 ILCS 5/13-213. This means that Chicago residents who believe they have been injured as a result of taking Xarelto must file a claim within two years from the date on which the injury originally took place.
However, because the specific facts of an individual case can affect the statute of limitations date, it is important to consult with an experienced attorney at Salvi, Schostok & Pritchard P.C. to protect your rights.
There is no definitive reversal agent—in other words, no antidote—for the bleeding caused by Xarelto. Indeed, according to a report in Bloomberg News, the number of bleeding deaths from this dangerous drug had already reached a total of 65. More patients may continue to suffer serious and life-threatening injuries after taking Xarelto.
While there has been no recall of Xarelto, checking news releases from PR Newswire can help to alert patient to the risks of dangerous drugs, including blood thinners such as Xarelto.
As the Xarelto MDL continues, patient advocates expect that the number of lawsuits will continue to rise.
According to the Mayo Clinic, some of the following signs and symptoms are associated with Xarelto dangers:
Uncontrollable internal bleeding can result in life-threatening and even fatal injuries. The MDL plaintiffs have alleged some of the following results of uncontrollable Xarelto bleeding:
Bellwether trials are expected to begin in the coming year. These plaintiffs who believe they have suffered injuries as a result of uncontrollable bleeding from Xarelto deserve to have their day in court.
Xarelto was originally created as an alternative to drugs like warfarin. According to the Mayo Clinic, new blood thinners like Xarelto can be taken less frequently than warfarin. Also, Xarelto was not supposed to have the same risks as warfarin or other drugs aimed at preventing blood clots.
Patients who have filed claims against the makers of Xarelto allege that it was not properly tested before it received approval by the U.S. Food and Drug Administration (FDA) back in 2011. Now, those patients are seeking compensation through product liability lawsuits against Bayer and Janssen Pharmaceuticals.
Did you suffer uncontrollable bleeding after taking Xarelto? An experienced Xarelto lawyer can help. Do not hesitate to contact the dedicated attorneys at Salvi, Schostok & Pritchard P.C. to learn more about filing a Xarelto lawsuit. We believe that plaintiffs who sustain injuries from dangerous drugs deserve to be compensated. We can discuss your options with you today.