The makers of the popular stroke prevention drug Xarelto® have reached a $775,000,000 settlement to resolve lawsuits filed by patients who suffered a bleeding injury.
The agreement was announced earlier today between plaintiff lawyer leadership and Xarelto manufacturers Bayer Healthcare and Janssen Pharmaceuticals Inc., a subsidiary of Johnson & Johnson. According to the announcement, the settlement is a private agreement intended to resolve all cases in federal and state courts.
The agreement calls for appointing a claims administrator and special master to manage the claims process and any appeals. They will also be responsible for allocating funds.
Words from the Plaintiff’s Steering Committee
Plaintiff’s Steering Committee co-lead counsels Andy Birchfield of Beasley Allen and Brian Barr of the Levin Papantonio Law Firm said:
“This is a fair and just resolution for thousands of consumers who have substantial claims. This was a massive and complex matter and we appreciate the guiding role played by federal judge Eldon E. Fallon who oversaw the federal litigation.”
— Andy Birchfield
“We’re pleased that these drug companies have agreed to allow all these Xarelto patients to move their claims forward after years of seeking justice, it may have taken more than four years and six separate trials but litigation like this is an important way for consumers to have a voice in matters of drug safety.”
— Brian Barr
How the Agreement Resolves New Claims
In addition to addressing lawsuits that are already part of the Xarelto multidistrict litigation (MDL), the agreement resolves newly filed claims that meet certain criteria. That includes plaintiffs who:
- had retained a lawyer to investigate Xarelto®-related personal injury claims before March 11, 2019,
- register their claim by March 28, 2019,
- and file a civil action by April 4, 2019.
Individuals involved in these Xarelto lawsuits should contact their personal attorneys to address eligibility questions.
Claimants with Reduced Payments
Two groups of claimants will see reduced payments. The first includes any claimant whose first Xarelto prescription was on or after December 1, 2015. The second includes those whose first alleged injury occurred on or after March 1, 2016. In addition, claimants who were in the hospital for one day or two consecutive days will see their payments subject to a cap.
Xarelto Litigation History
Xarelto patients have filed more than 25,000 lawsuits alleging that they suffered injuries such as internal bleeding, stroke, and death. The lawsuits claim that the manufacturers downplayed Xarelto’s risks and aggressively marketed the blood-thinning drug as an alternative for warfarin in patients needing blood thinners to avoid dangerous clots that cause strokes. They also claim that doctors and patients were not fully informed of the risks, which have allegedly resulted in life-threatening complications.
The courts tried six cases, and the defendants won all of them. Bayer and Janssen do not admit any liability.
Case Information
The case is In re: Xarelto (rivaroxaban) Products Liability Litigation, case number 2:14-md-02592 in the U.S. District Court for the Eastern District of Louisiana.
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Robert Tharp
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