The lawsuits against Janssen Pharmaceuticals are starting to pile up and soon they will be going to trial. The lawsuits against the company all relate to their medication Xarelto. Xarelto is a blood thinner that is meant to help people who suffer from hypertension, irregular heartbeats, and other heart diseases. However, many patients who have taken the medication have stated that they have suffered severe bleeding problems.
The Basis Of The Case
The lawsuits have been filed by Morgan & Morgan on behalf of the plaintiffs. The lawsuits state that Xarelto is more dangerous than other traditional blood thinners and there is no antidote that can reverse the effects of the medication. Other blood thinners can have their effects reversed through the use of vitamin K.
The lack of an antidote has also led to serious problems in emergency cases as there is no way to stop the patient from bleeding. There are other bleeding problems that patients have suffered including gastrointestinal bleeding and internal hemorrhaging. All of these issues have been linked to the use of Xarelto.
The lawsuit is looking to claim compensation for those affected by the problems linked to Xarelto. The compensation will cover past and future medical bills incurred from the use of the blood-thinning medication as well as lost wages and compensation for pain and suffering. In the cases where loss of life has been linked to the use of the drug, the compensation will also cover funeral expenses. Punitive damages are also being looked into and will generally be awarded to punish the defendant and deter other companies from similar action.
The Type Of Lawsuit Filed
The lawsuits have been filed through multidistrict litigation or MDL which is considered a better option compared to class action lawsuits. The primary benefit of this lawsuit is that the process is more efficient and the case will address the needs of each individual. In a class action lawsuit, all plaintiffs are grouped into the same class and the needs of each individual will not be looked at.
What Has Happened So Far?
The judge that is overseeing the MDL, the Honorable Judge Eldon E Fallon, issues an order which named Michael Goetz and 11 other lawyers as the members of the Plaintiffs’ Steering Committee. This order was issued on February 9, 2015. The steering committee will be in charge of coordinating all of the pre-trial discovery matter which includes the taking of depositions, managing important document requests and retaining expert witnesses. The committee will also need to look through all of the documentation provided to them by the defendants.
The MDL was officially formed in December 2014 when the Judicial Penal on Multidistrict Litigation consolidated all of the federally-filed lawsuits. At that time there were more than 85 lawsuits pending where the plaintiffs claimed that Xarelto put patients at risk and caused life-threatening bleeding.
The Update
The first of the federal lawsuits in this case will be heard on Louisiana. This is a combination of 40 cases which were filed against Janssen claiming that the manufacturer did not sufficiently warn people about the increased risks of gastrointestinal and cranial bleeding when using Xarelto. This case is set to begin in early 2017 and could set the tone for the other lawsuits.
On top of the 40 cases that will be used for this case, there are an additional 800 lawsuits scheduled for processing by the Philadelphia Complex Litigation Center. This is the same court that handled the lawsuits against Janssen based on Risperdal. Once these cases have been processed additional court dates will be set for them.
