When Should I Bring my Xarelto Lawsuit?
Every patient who has suffered injury after taking Xarelto (rivaroxaban), the most popular blood thinner medication, is entitled to receive compensation from all parties at fault. However, filing a claim against the pharmaceutical manufacturer must be done before the state statute of limitations expires. Not filing a lawsuit before the deadline has passed could strip away the victim's right to seek legal remedy at any time in the future.
Rosenfeld Injury Lawyers LLC represents victims who have been harmed after taking a defective medication and other types of professional negligence. Our law firm has successfully prosecuted cases for our clients who were prescribed a bad drug and suffered a serious consequence. Our attorneys are available to answer any legal questions on how to receive the monetary compensation you deserve if your injuries were a result of someone else's negligence. Should you have additional questions, we invite you to contact our office for a free review of your legal rights.
The Statute of Limitations
If you suffer personal injuries after using Xarelto and want to bring an action to recover damages, then you have two years from the date of your injury to file it. See 735 ILCS 5/13-205 (2010):
"Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued…"
However, generally, the clock does not start ticking until you discover you were injured or reasonably should have discovered that you were injured. See 735 Ill. Comp. Stat. 5/13-213(d) (2010):
"The plaintiff may bring an action within 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury…"
Finally, under no conditions can you bring a Xarelto lawsuit 12 years from when it was first sold or 10 years from when you first obtained it. See 735 Ill. Comp. Stat. 5/13-213(b) (2010).
"No product liability action based on any theory or doctrine shall be commenced except within the applicable limitations period and, in any event, within 12 years from the date of the first sale, lease or delivery of possession by a seller or 10 years from the date of the first sale…"
Statute of Limitation Exceptions
There are unusual, though limited, circumstances where a judge might set aside the time limit for filing a case according to the statute of limitations. A plaintiff might be granted an extension to file a claim if:
- The victim was physically incapacitated and unable to file a claim on time.
- The victim was psychologically incapacitated and could not file a claim before the statute expired.
- The victim is a minor and can receive an extension passed their 18th birthday to take legal action against the defendant.
- The injuries endured by the victim did not manifest immediately but developed over time.
- The victim was unaware or did not know, that their injuries were caused by a defective medical device or drug.
Am I Eligible to File a Xarelto Lawsuit?
Recently, many victims have filed lawsuits against Janssen Pharmaceuticals and the Bayer Corporation after suffering the dangerous side effects associated with taking Xarelto (rivaroxaban). According to documentation, the drug makers failed to warn consumers appropriately concerning the known risks associated with taking the dangerous medicine.
Like other victims, you likely have the right to file a Xarelto lawsuit and receive monetary compensation to recover your damages. An attorney can help you decide how to move forward after evaluating your case and determining the extent of your injuries, your ongoing injury-associated costs, and your prognosis. You might be entitled to receive:
- Past, current, and future medical bills;
- Hospitalization expenses;
- The cost of future rehabilitation and therapy;
- Lost wages due to time away from work because of your disability;
- The loss of future earning potential when you are no longer able to maintain your job
- Pain and suffering;
- Mental anxiety and emotional distress;
- Funeral and burial costs when filing a wrongful death lawsuit after losing a loved one. through a Xarelto death.
How to File a Claim for Compensation
An attorney working on your behalf will evaluate your claim for compensation to determine its validity. The strength of your case will be built on numerous factors including:
- What Parties Are Responsible for Causing Your Injuries – In most cases, the Xarelto (rivaroxaban) drug makers (Janssen Pharmaceuticals and the Bayer Corporation) can be held legally responsible for compensating you for your injuries that were caused by their medication. Your attorney may decide that there are other responsible parties also at fault for your injuries including medication distributors, healthcare providers, the hospital, or medical center.
- The Extent of Your Damages – Your attorney will perform a comprehensive assessment of your losses to identify all of your medical expenses now and into the future along with the impact your injuries have caused your family financially, emotionally, and mentally.
- Properly Filing Your Lawsuit – Your attorney will prepare all the necessary documentation and file the paperwork in the appropriate jurisdiction before the statute of limitations expires. Currently, our lawyers are investigating Xarelto cases across the United States and filing lawsuits in state and federal courtrooms.
- What to Expect during a Settlement Negotiation – Nearly all personal injury cases, including Xarelto lawsuit, are settled out of court during a negotiation meeting. Our skillful attorneys meet head on with the lawyers working for the defendant and their insurance company. We build our cases to maximize the financial compensation our clients deserve what it is time to negotiate a settlement.
- The Evidence Presented at Trial – In rare cases, the defendants are unable or unwilling to negotiate an acceptable offer to settle the case out of court. Our attorneys begin building our case right from the start as though we will be presenting evidence in front of a judge and jury to ensure our clients best interests are protected at all times.
An attorney working on behalf of the plaintiff will also build the case on allegations of what the drug maker knew and the actions they took when they understood that their product was defective. Many of these cases are built on allegations including:
- Janssen Pharmaceuticals and the Bayer Corporation understood that their medications caused irreversible, uncontrolled bleeding and yet failed to warn doctors and patients of the known potential risks of injury or death.
- Both drug manufacturers advertise their anticoagulant medications as being a superior drug to other available blood thinning medications even though they knew the potential bleeding risks associated with taking the drug. These companies also understood that, unlike other anticoagulant medications available on the medical marketplace, the effects their drugs were irreversible.
- Had the pharmaceutical companies informed the consumer of the known risks of their medication, either the patient or their prescribing doctor might have chosen to take an alternative blood-thinning anticoagulant drug, like warfarin, that have an immediate antidote should internal bleeding occur.
- Both the Bayer Corporation and Janssen Pharmaceuticals failed to update their Black Box warning label in time to stop thousands of patients from being injured.
As early as 2013, the FDA (Food and Drug Administration) issued a safety communication warning over specific concerns involving Xarelto (rivaroxaban). The government regulatory agency claimed that the drug maker posted misleading claims of the drug's safety and efficacy. Even so, the federal agency has yet to recall the drug because of its potentially dangerous and severe side effects.
How do I Know if I Been Injured?
Nearly all patients who have taken Xarelto and suffered severe adverse reactions are well aware of the common symptoms associated with taking the medication. However, not all symptoms are apparent to victims. The most common severe Xarelto side effects include:
- Internal bleeding (hemorrhage),
- Subdermal intracranial hemorrhage,
- Rectal bleeding,
- Abnormal liver function,
- Pulmonary embolism (PE),
- Deep vein thrombosis (DVT),
- One-sided paralysis (hemiparesis),
- G.I. (gastrointestinal) bleeding,
- Decreasing blood platelet count,
- Upper abdominal pain,
- Intense fatigue,
- Jaundice, where liver problems cause the yellowing of skin or eyes,
- Bleeding in the stomach, intestines, lungs, or abdomen,
- Blood clots that accumulate in tissue, organs, or other areas,
- Stevens-Johnson syndrome (SJS)
- Abnormal menstrual periods
- Bile flow blockage
- Muscle spasms
- Sinus irritation
- Wound leakage
- Epidermal tissue swelling (hematoma)
- Urinary tract infections (UTIs)
- Skin blisters
- Giant hives
- Unstoppable, severe bleeding
- Wrongful death
Unlike warfarin, a competing anticoagulant medication, there is no antidote available to reverse the bleeding effects of Xarelto (rivaroxaban). Because of that, thousands of injured victims and surviving family members have filed a Xarelto lawsuit to hold Janssen Pharmaceuticals and the Bayer Corporation financially accountable for the damage their medication has caused.
What to do if You Were Injured
If your physician gave you a prescription for Xarelto or its generic form rivaroxaban, nearly any type of physical exertion or activity could cause bruising and cuts along with internal or external bleeding. Your injuries might have resulted in numerous symptoms including weakness, confusion, dizziness, vision changes, severe headache, or persistent and unexpected bleeding. If you have any of these symptoms, it is crucial to see your doctor immediately.
Additionally, you should inform your healthcare professional, including your dentist, that you are taking Xarelto (rivaroxaban). Informing them that you are taking the drug is important because any adverse event, including having your teeth cleaned, could be catastrophic if you begin bleeding uncontrollably. Patients most at risk for uncontrolled bleeding include those who have certain medical conditions (like high blood pressure or abnormal kidney function and those who abuse alcohol), take aspirin, or are expecting or want to become pregnant.
After receiving medical attention, you might consider bringing a Xarelto lawsuit against the drug manufacturer. However, litigation and resolving your case could take years. Because of that, filing a lawsuit quickly is important before your state statute of limitations expires. An attorney working on your behalf can determine the exact date of the limitations deadline and take appropriate action to file all the necessary documents and paperwork in the right jurisdiction to ensure you receive fair financial compensation.
Experienced Defective Medication Lawyers
The bad drug injury attorneys at Rosenfeld Injury Lawyers LLC understand that the severe adverse consequences of taking Xarelto (rivaroxaban) was not your fault but the responsibility of the drug maker. We have successfully obtained millions on behalf of the victims and their family members to ensure they were adequately compensated to cover their medical expenses, household bills, lost wages, loss of future earnings, pain, suffering, and emotional damage and we can help your family too.
Our legal team encourages you to contact our attorneys today to schedule a free, no-obligation case consultation to discuss the merits of your monetary recovery claim. We accept all personal injury cases, wrongful death lawsuits, and defective medication injury claims through contingency fee arrangements. This legal contract postpones the payment of legal services until after we have successfully completed your case through a negotiated settlement or a jury verdict.
Our law firm gets results quickly because we understand you need money now. We probably offer every client a “No Win/No-Fee” Guarantee, meaning if we are unable to secure financial compensation on your behalf you owe us nothing. All information you share with our law office will stay confidential.
For additional information see the following pages:
- What Is Xarelto and What Are Its Side Effects?
- Has The FDA Taken Any Action Against Xarelto?
- Has The FDA Made a Recall of Xarelto?
- Have There Been Any Lawsuits Involving Xarelto?
- Are There Any Class Action Lawsuits Involving Xarelto?
- What Claims Could Be In A Xarelto Lawsuit?
- What Kind of Damages Could I Get In A Xarelto Lawsuit?
- How Can Rosenfeld Injury Lawyers LLC Help Me?