Trasylol is a drug administered during complicated surgeries (such as heart and liver) to reduce the amount of bleeding. The drug, also known as Aprotinin, was manufactured by Bayer and was in use for over ten years before it was pulled from shelves due to health and safety concerns.
What are the Dangers of Trasylol?
One of the major dangers of using Trasylol is kidney failure. Trasylol clots blood, but the problem occurs when viscous blood gums up and will not pass through the kidney’s tiny filtering units. If the kidneys do not constantly clean blood, it quickly becomes toxic.
Thus, even relatively young patients who are getting open-heart surgery may have complications or die. In some cases, additional organ transplants may have been necessary due to complications and side effects from Traysol. Trasylol can cause:
- Organ failure;
- Dialysis complications;
- Heart attack and stroke;
- Intestine removal; and/or
For example, in 2006, Joe Randone went into the hospital for a routine heart valve replacement. Trasylol was administered to prevent bleeding while Joe’s heart was exposed. But after surgery, Randone’s kidneys failed as a result of the Trasylol. This led to other organ failures, resulting in extreme swelling; Joe’s eyes were sewn shut to protect his corneas, his gallbladder removed, and legs amputated.
Trasylol is No Longer Available for Purchase
In 2007, Trasylol was pulled from the worldwide market in a major product recall. And in May 2008, was completely withdrawn except for experimental uses. Afterwards, Trasylol class-action lawsuits were quickly filed all across the country.
What are Class Action Lawsuits?
The cause of action against the manufacturer, Bayer, is professional negligence. It claims that Bayer hid the true risks of Trasylol from the medical profession, that Bayer should have engaged in more thorough testing and studies, and that Bayer should have reported negative results of 1980s studies to the FDA.
Bayer is now facing thousands of Trasylol lawsuits and class action suits from victims and their grieving family members. Complaints range from negligent and intentional wrongful death, misrepresentation, and fraud, which have resulted in payouts of lost wages, loss of companionship, and pain and suffering.
What is Needed to Prove Negligence in Connection with Traysol?
As mentioned, many lawsuits are being brought against Bayer under negligence laws. In order to prove negligence, various elements must be proven and satisfied in court. Generally speaking, negligence cases require proof of four elements. These are:
- Duty: The injured party must show that the other party owed a duty of care to them. In the case of Traysol, it must be proven that Bayer owed a duty of care to consumers. Here, the duty may simply be the duty to provide safe products to the consumer market.
- Breach: The injured party (the “plaintiff”) must also demonstrate that this duty of care was breached or broken. In the case of a defective product like Traysol, the plaintiff might show that Bayer breached their duty of care by providing a product that had serious side effects associated with it.
- Causation: Next, the plaintiff needs to show that their injuries were directly caused by the breach of duty. This is likely going to be the most difficult part of a Trasylol lawsuit. The plaintiff may need to introduce witness testimony, medical records, expert witness accounts, and other forms of evidence to prove that Traysol directly caused their injuries.
- Damages: Lastly, the plaintiff must be facing real, actual damages that can be calculated into a dollar amount. This can be proven using hospital bills, medical receipts, and other items that show how the plaintiff suffered losses due to the negligence.
Damages in a Trasylol lawsuit may also cover other losses and expenses, such as lost wages (for instance, due to missing work during recovery periods) or pain and suffering damages. In cases involving fatalities, wrongful death damages may be issued as well.
What Other Types of Legal Actions May be Connected with Traysol Side Effects and Injuries?
There may also be other legal actions or legal theories in connection with Traysol. For instance, since Traysol is a prescription drug, there may be issues concerning:
- Prescription Error: For instance, if Traysol was prescribed to the wrong person, or if it was prescribed in the wrong dosage, or if it was prescribed when the drug was actually not needed.
- Diagnosis Error: This can also be an issue in cases where Traysol was wrongly prescribed. If there is a diagnosis error, and the person didn’t really need Traysol, a lawsuit might be necessary to remedy those losses.
Lastly, medical negligence may also be an issue in some Traysol lawsuits. An example of this is where a doctor continued to prescribe Traysol even after the product was recalled and pulled from medical supply shelves.
Should I Hire an Attorney for Help with a Trasylol Lawsuit?
If you believe you or a loved one have been injured by Trasylol, please contact a personal injury lawyer to see whether you can receive monetary damages. Your attorney can provide you with legal guidance and research for your case and can represent you during important court meetings.