Are There Any Class Action Lawsuits Involving Xarelto?
After years of criticism and speculation, lawyers and plaintiffs have banded together to initiate the first in a series of class action lawsuits against the manufacturers of Xarelto (Rivaroxaban). So far, they have been filed in Mississippi, Louisiana, and Texas. A class action lawsuit is an action where a small class of plaintiffs sues a defendant or a group of defendants on behalf of a larger group of plaintiffs.
How is a class action lawsuit different than an MDL proceeding?
A class action lawsuit is binding on the entire group of plaintiffs, not just the small group of named plaintiffs. An MDL proceeding does not decide the fate of the cases behind it. It merely determines issues of law and fact common to the whole group of cases.
What are the elements of a class action lawsuit?
Class action lawsuits have four requirements. First, the number of cases must be so numerous that it is unreasonable and impracticable for them to be brought into a single case. Second, the entire group of cases must have common issues of law and fact. Third, the named plaintiffs must make similar claims that the rest of the group would have had they had the chance to argue in court. Fourth, the plaintiffs must be able to adequately represent the interests of the entire class.
If the plaintiffs can demonstrate these four requirements, then the class is said to be certified and the class action lawsuit goes forward.
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