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Litigation related to the serious side effects of Xarelto is still in its early phase. Some initial lawsuits have been defeated by manufacturers’ claims that prescribing doctors were aware of bleeding risks that patients faced when taking the medication. However, these setbacks are not the final result of these serious allegations.
Our principal lawyer, Paul Dominguez, is committed to continuing to pursue legal action against Xarelto manufacturers for their role in putting patients at risk. Our firm is dedicated to making sure that Xarelto victims receive the compensation that they deserve. If you or someone in your family has been affected by a severe side effect from taking Xarelto, you may have a claim for damages.
In recent years, multiple claims began to arise against Xarelto manufacturer Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, alleging that the drug had caused uncontrollable bleeding in some patients. In one case, a plaintiff in Louisiana had been prescribed Xarelto to prevent the risk of stroke associated with atrial fibrillation, and they were hospitalized within a month due to gastrointestinal bleeding. After multiple blood transfusions and medical costs of over $100,000, the plaintiff pursued legal action against Janssen and Bayer AG, which marketed the drug, alleging that Xarelto did not contain sufficient warnings regarding the side effects and risks linked to the medication.
In May 2017, the jury rendered a verdict in favor of the manufacturers, stating that they were not at fault for a failure to warn. During the trial, Janssen and Bayer relied on the “learned intermediary doctrine” as a basis for their defense. Under this legal theory, when a prescribing doctor knows of the risks associated with a drug, the manufacturer cannot later be held responsible for the harm caused by those known risks. At trial, the plaintiff’s doctors testified that they had been informed of the risk of bleeding caused by Xarelto, leading the jury to return a defense verdict. Although this verdict is disappointing for the victims harmed by taking Xarelto, almost 18,000 other claims are still pending in courts nationwide.
Xarelto was approved by the Food and Drug Administration (FDA) in 2011, with warnings issued regarding side effects common to all blood thinners, including back pain, dizziness, bleeding gums, headaches and others. In the years that followed, however, more serious side effects were reported that included uncontrollable, potentially fatal bleeding. Over 100 fatalities have been linked to Xarelto use, and multiple lawsuits have been filed regarding Janssen’s role in failing to warn patients or conduct additional research to ensure that the medication was safe.
Manufacturers in New Mexico are responsible for harm that occurs as a result of a drug’s use, when that drug carries an unreasonable risk of injury. However, a manufacturer’s duty to warn does not extend to each individual patient. If a drug manufacturer properly informs a prescribing doctor regarding the appropriate use and risks associated with its medication, the duty to warn is satisfied, and the physician now bears the responsibility to inform patients of potential harm.
Janssen and its subsidiaries should be held accountable to the extent appropriate for their part in putting a dangerous drug like Xarelto on the market. Thousands of injuries and multiple deaths have been linked to the medication’s side effects, with Janssen still failing to issue adequate warnings or take responsibility for the dangers.
Dominguez Law continues to pursue legal action on behalf of clients and their families in Albuquerque and other areas of New Mexico. If you or a loved one has suffered from uncontrollable bleeding after taking Xarelto, call us today at 505-850-5854 or contact us online to set up a free initial consultation and see how we can help.
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At Dominguez Law, we believe in holding parties who act recklessly accountable for their actions and are dedicated to making their insurance companies pay top dollar for your claim. If you believe the at-fault party acted negligently or recklessly, contact us as soon as possible.
To schedule a free consultation with one of our compassionate and aggressive Albuquerque car accident attorneys, call Dominguez Law today at 505-850-5854 or contact us online. Se Habla Español.
