Xarelto lawsuits have spiked in recent years due to claims that the makers of the blood thinning medication did not adequately warn patients of the risk of severe bleeding. Xarelto is fairly new on the market, only having been approved in 2011. The drug is often prescribed for stroke prevention and treatment of deep vein thrombosis and pulmonary embolism.
Lawsuits over Xarelto have been filed against drugmaker Bayer and Janssen Pharmaceuticals. Xarelto lawsuits in the U.S. now number into the thousands. There are nearly 20,000 Xarelto lawsuits pending in federal court.
In Pennsylvania alone, hundreds of lawsuits are currently pending in the Philadelphia County Court of Common Pleas’ Mass Tort program. As of February 2, 2018, there are 1,644 Xarelto lawsuits in Philadelphia. Visit the Philadelphia court website for the latest docket info on Xarelto lawsuits in Philadelphia.
In December of 2017, one of the first Xarelto lawsuits to be tried in state court was tried in Philadelphia. The case, Hartman v. Janssen Pharmaceuticals, Inc., et al., resulted in a record $27.8 million verdict on December 5, 2017 after a month long trial. Of the $27.8 million verdict, $26 million was in punitive damages and $1.8 was for compensatory damages. See below for an explanation of punitive damages and compensatory damages. Just recently, in January 2018, the trial judge reversed the verdict after a defense post-trial motion.
The result is not a total loss for plaintiffs. In 2017, the first trials in federal court resulted in a defense verdict. The Hartman case is the first jury win for plaintiffs, and clearly sends a message to Bayer and Janssen about the risk of extensive punitive damages awards. Despite the overturned verdict, the $26 million punitive damages award puts Janssen on notice that juries can be sympathetic to patients in Xarelto lawsuits. This affects currently pending cases which may be more likely to settle.
Given the sheer volume of Xarelto lawsuits across the U.S. and in Philadelphia, the reality is that these cases are likely to settle. It is simply impossible to try every single case. Given that the first few cases resulted in a defense verdict and the most recent case was almost a win for the plaintiff, all eyes will be on the next trial result. If it’s a win for the plaintiff and another large punitive damages award, hundreds of Xarelto plaintiffs will likely see their cases settle, especially in Pennsylvania.
Settlement value in Xarelto lawsuits depends on the following factors:
In addition, settlement value depends on how well an individual case is prepared from an evidentiary standpoint. It’s crucial to have the damages claims prepared thoroughly, which often means having experts testify about financial losses. For example, in a case where a patient who took Xarelto cannot return to work due to a brain injury, it may be necessary to have an expert evaluation on the future loss of income. In some instances, where future medical treatment is necessary, a medical expert can prepare a future life care plan, an exhaustive projection of all medical expenses and treatment over the individual’s life.
Patients injured due to Xarelto can recover compensatory damages, which are awarded to compensate an individual for the financial losses they incurred as a result of suffering a Xarelto-related complication, such as medical bills, lost wages, and miscellaneous out of pocket expenses.
In addition, compensatory damages include pain and suffering, which varies from person to person. Typically, the more serious the complication and resulting medical treatment, the greater the suffering.
In the event of death, surviving family members (spouse, children or dependents) can make claims for financial losses incurred as a result of the death of their loved one, including medical bills, funeral expenses, loss of income and support, etc. What is recoverable in such instances varies from state to state, per wrongful death and survival laws.
Punitive damages are awarded in drug injury cases where there is evidence that the defendant(s) engaged in particularly egregious behavior. In Pennsylvania, the standard for awarding punitive damages is quite high. If the defendant showed a reckless indifference to the health and safety of others, the plaintiff may seek punitive damages.
Our injury lawyers are now seeking clients for Xarelto lawsuits in Pennsylvania. If you or a loved one suffered a serious complication after taking Xarelto, it is important to seek legal advice immediately to preserve your legal rights.
Our Xarelto attorneys take pride in providing honest consultations for individuals who have been injured by dangerous vaccines, medical devices or drugs such as Xarelto. Contact My Vaccine Lawyer today to find out if you have a case. 800.229.7704