Prescription drugs are prescribed to patients to improve or cure a medical condition or save a life. When a prescription drug is placed on the market ends up harming someone, a lawsuit can be filed. One type of prescription drug at the heart of recent drug lawsuits is Xarelto.
Rivaroxaban, or Xarelto, is a blood thinner manufactured by Bayer, but marketed by Janssen Pharmaceuticals. The blood thinner is used to protect individuals from having a stroke by preventing blood clots. However, there are many dangers associated with Xarelto, which has caused it to be the subject of several lawsuits.
Why is Xarelto Dangerous?
The blood thinner has many side effects, but the most dangerous side effect is internal bleeding. Internal bleeding can be fatal because the drug does not have an antidote.
For example, Warfarin, another type of anticoagulant, can cause internal bleeding, but it has a vitamin K antidote to stop the bleeding before it becomes fatal. Other side effects and health risks may include:
- Back pain;
- Bowel issues or bladder dysfunction;
- “Pins and needles” or tingly feelings on the skin;
- Lung and breathing issues;
- Difficulty breathing;
- Menstrual issues; and/or
- Various other side effects.
Can I Sue the Makers of Xarelto Under the Defective Product Laws?
A defective product is any product that causes injury to an individual based on three legal theories:
- Design Defect: There was an issue with the way that the product was designed; in this case, an example might be that there is no antidote included
- Manufacturing Defect: There was an issue with the way that the product was manufactured or produced, such as an error in the ingredients put into the product
- Warning Label Defect: There was an error or issue with the way the product was labeled- for instance a failure to include proper warnings regarding side effects
Most plaintiffs suing the Xarelto drug maker claim the manufacturer failed to provide adequate safety warnings that the drug could cause fatal internal bleeding.
What Will I Have to Prove to Win a Defective Product Lawsuit?
Three elements must be satisfied to have a successful claim:
- Xarelto had an unreasonably dangerous defect. The defect would be that it caused fatal or uncontrollable bleeding;
- The defect caused an injury to the plaintiff while Xarelto was taken as prescribed; and
- The medication had not been altered from the way it was sold.
Successful legal claims will usually result in a damages award for the injured party. The damages can cover various financial expenses, including lost wages, medical bills, and in the case of a fatality, wrongful death damages as well.
Can a Lawyer Help Me with My Xarelto Lawsuit?
Pursuing a lawsuit based on defective medicine is a serious and complicated matter. To determine if you have a legal claim involving Xarelto, you should contact a personal injury attorney. A lawyer can assist you in filing your claim and can represent you in legal proceedings.