What Claims Could Be In A Xarelto Lawsuit?
Potential Claims of the Plaintiff Pool
Simply looking through the Panel’s decision to allow the plaintiff class to move ahead as one combined group, one can begin to gain a sense of the nature of claims likely to be made against the defendants. The first and arguably strongest argument is that the makers and distributors of Xarelto failed to adequately warn patients of the risks associated with taking the medication. For instance, there should have been additional and obvious disclosures on the actual label about such recurring and significant side effects including internal bleeding, blood clots, wound aggravation, and complications related to the taking of other medications. The FDA has even criticized Johnson & Johnson for these absences on several occasions. So, it seems likely that they will resurface once the combined trial begins in Louisiana.
The other potential claim the plaintiffs will likely raise is that Xarelto is an unreasonably unsafe medication. Drug manufacturers are supposed to produce and distribute drugs that do not cause harm or danger patients. Furthermore, they are required by law to substantially research and inform the public about any potential side effects that the medication might cause. Many organizations, including relevant government agencies, think that Xarelto did neither. Also, receiving the stamp of approval from the FDA to market the drug does not absolve it from all of these responsibilities or any future damage it might produce. Even at the beginning of Xarelto’s young product life, government officials questioned whether it could reasonably protect against internal bleeding, blood clotting, and organ damage. Johnson & Johnson failed to adequately answer these questions. Also, in the face of more and more people complaining about significant side effects, it sought an extension of its product application instead of cautiously considering the safety of the product in the first place. All of these considerations suggest that the makers and manufacturers of Xarelto will have a difficult time defending against the claims of these plaintiffs and the many more that are sure to file.
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