Eliquis, generically known as apixaban, is an anticoagulant medication used to prevent blood clots and strokes, particularly in people with atrial fibrillation (a heart rhythm disorder). The medication is also used for treating and preventing deep vein thrombosis (DVT) and pulmonary embolism (PE). It works by inhibiting the blood clotting process.
Eliquis-associated injuries usually refer to excessive bleeding complications that can occur while taking the medication. Because it’s a blood thinner, Eliquis increases the risk of bleeding, which can be severe and, in some cases, life-threatening. This risk is higher in individuals with certain health conditions or those on other medications that can increase bleeding risk. Other potential side effects include allergic reactions and, rarely, spinal or epidural blood clots (hematomas) that can occur with spinal puncture or spinal/epidural anesthesia.
When compared to Warfarin, another common anticoagulant, Eliquis has been shown to be at least as effective in preventing stroke or systemic embolism, but with a lower risk of bleeding and without the need for routine blood monitoring. Warfarin, on the other hand, requires regular blood tests and dietary modifications.
There have been legal actions associated with Eliquis. Multiple Eliquis lawsuits have been filed in the U.S., alleging that the manufacturers, Bristol-Myers Squibb and Pfizer, failed to adequately warn patients and physicians about the potential risks of uncontrollable bleeding linked to Eliquis.
Who Can Be Held Liable for Eliquis Injuries?
Liability for Eliquis injuries depends on the circumstances. If there is a defect with the product, such as a manufacturing defect, design defect, or inadequate warning, the drug manufacturers could potentially be held liable under product liability laws. For example, if there was a failure to provide sufficient information about the risks of severe bleeding, this might constitute a failure to warn.
Suppose that a patient was prescribed Eliquis for a non-valvular atrial fibrillation condition to prevent blood clots. After taking the medication for several months, the patient suffered a severe internal bleeding event leading to hospitalization and significant health complications. Upon further investigation, it was discovered that the manufacturers of Eliquis didn’t adequately warn about the potential for severe bleeding on the drug’s label or other patient information materials.
In this case, the patient may be able to sue the manufacturers under a “failure to warn” theory of product liability, arguing that the drug manufacturers knew or should have known about the risks but failed to provide sufficient warning to patients and their healthcare providers. As a result, the patient suffered injuries that they could have possibly avoided or mitigated had they been fully informed about the drug’s risks.
To win this case, the patient would need to prove that the manufacturers failed to provide adequate warning and that this failure directly led to their injuries.
Medical Malpractice Cases
If a doctor negligently prescribes Eliquis (for example, prescribing it to someone with a high risk of bleeding without discussing these risks), they might also be held liable under medical malpractice laws. However, this can be complex to determine and usually requires expert medical testimony.
Imagine another scenario where a patient with a history of severe gastrointestinal bleeding is prescribed Eliquis by their physician. Despite knowing the patient’s history, the doctor doesn’t discuss the increased risk of bleeding associated with Eliquis, nor do they consider an alternative treatment.
Soon after starting the medication, the patient suffers from a severe gastrointestinal bleed, leading to hospitalization and other significant health consequences. In this case, the patient may have grounds for a medical malpractice lawsuit against the physician. They would argue that the doctor breached their duty of care by negligently prescribing Eliquis without discussing the associated risks or considering an alternative treatment.
To be successful in this case, the patient would need to prove a number of things. First, they would have to establish that a doctor-patient relationship existed, which is usually straightforward. Then, they would need to demonstrate that the doctor breached the standard of care (the level at which the average, prudent provider in a given community would manage a patient’s care under the same or similar circumstances).
An expert medical witness would typically be needed to testify that prescribing Eliquis to someone with a history of severe gastrointestinal bleeding without discussing the risks falls below this standard. Finally, the patient would need to show that this breach directly resulted in their injury and caused damages, such as medical bills, lost wages, and pain and suffering.
Are There Any Legal Remedies for Injuries Caused by Eliquis Products?
Legal remedies for injuries caused by Eliquis depend on the specifics of the case and the jurisdiction but generally may include a monetary damages award. These are designed to compensate the plaintiff for their losses and can cover both economic damages (like medical expenses and lost work wages) and non-economic damages (like pain and suffering).
In product liability lawsuits involving medications like Eliquis, claimants often seek compensatory damages, which are designed to put the plaintiff back in the position they were in before the injury occurred. Compensatory damages are typically divided into two categories: economic damages and non-economic damages.
Economic damages are those that can be quantified in monetary terms, including past and future medical bills, loss of earnings, and loss of future earning capacity. To prove economic damages, it often requires an accumulation of records and bills showing the expenses that were directly caused by the injury and sometimes expert testimony to project future costs.
For instance, a patient who has suffered severe bleeding complications from Eliquis may incur significant medical bills. These might include costs for hospital stays, surgeries, medication, rehabilitative therapy, and home healthcare or assisted living facilities. The patient would need to gather all relevant medical bills, records, and receipts. Expert witnesses, such as doctors or medical billing experts, might also be used to explain the necessity of these treatments and their costs.
If the patient missed work or lost their job due to their injury, they could claim lost wages. They would need to provide evidence such as pay stubs, tax returns, or a letter from their employer documenting their regular wages and the time they missed. If they cannot return to their former employment due to the injury, they might be able to claim loss of future earning capacity. Frequently, this requires the testimony of vocational experts or economists to calculate the likely earnings the plaintiff would have made in their lifetime if the injury had not occurred.
Non-economic damages, on the other hand, are intangible losses that don’t have a clear monetary value but significantly affect a person’s life. These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Proving non-economic damages can be more complex because they are subjective and differ from person to person. To prove pain and suffering, the plaintiff generally needs to provide evidence of the physical pain and emotional anguish they have experienced due to the injury.
This can be done through their testimony, the testimony of family and friends, or the testimony of a mental health professional. Medical records indicating the severity of the injury and the treatments required can also be instrumental in demonstrating the level of physical pain and discomfort endured.
For loss of enjoyment of life, the plaintiff would need to demonstrate how their life has been negatively affected by the injury. They might discuss their inability to participate in hobbies, sports, or other activities they previously enjoyed.
Loss of consortium, which refers to the loss of companionship or the ability to maintain a sexual relationship with a spouse, usually requires the testimony of the affected spouse.
It’s worth noting that some jurisdictions have caps on non-economic damages in medical malpractice or product liability cases, which may limit the amount a plaintiff can recover.
Each of these categories of damages comes with its complexities, and proving them often requires detailed evidence, expert testimony, and a deep understanding of the law. An attorney experienced in product liability or medical malpractice can be invaluable in preparing a case and seeking the maximum compensation available under the law.
Do I Need a Lawyer for Help With an Eliquis Lawsuit?
If you believe you have been harmed due to taking Eliquis, it’s advisable to consult with an attorney experienced in product liability or medical malpractice cases. They can provide legal advice tailored to your specific circumstances, help you understand your rights and options, and guide you through any potential legal proceedings.
LegalMatch is a useful platform for finding a suitable class action lawyer for your case. By providing the details of your case, LegalMatch can connect you with attorneys who handle product liability or medical malpractice cases, and you can choose the one that best fits your needs.
