Philadelphia Products Liability Lawyers
Recovering Compensation for Patients Harmed While Taking Xarelto
In March 2019, drug companies Bayer and Johnson & Johnson agreed to pay a $775 million settlement for more than 25,000 lawsuits arising from serious injuries and fatalities associated with the blood-thinning drug, Xarelto. FDA-approved in 2011, Xarelto is used to prevent blood clots and strokes, and is typically prescribed to patients with deep vein thrombosis.
Yet the drug also came with the risk of unstoppable, potentially fatal bleeding. Until 2018, there was no antidote for excessive bleeding caused by Xarelto, which was hard to manage with standard treatments. Safety advocates argue that the drug companies failed to warn consumers of the bleeding risk associated with taking Xarelto, especially in the years before an antidote was available.
Unsafe Drugs and Product Liability Lawsuits
Consumers harmed by dangerous medications are often left to face excessive medical bills for treatment and the loss of income if their injuries keep them from resuming work temporarily or permanently. They may choose to file a claim for damages related to their own injuries or the loss of a family member.
While the $775 million settlement answered a significant number of claims against the drug companies that developed Xarelto, thousands more are still working their way through the court system. Just as of February 2019, more than 1,900 cases were filed in Philadelphia courts. Claims can still be filed for Xarelto-related injuries occurring before the antidote Andexxa was made available in 2018.
Types of Defects in Unsafe Drug Claims
Under product liability law, defective consumer goods, including medications, fall into three categories:
- Design defects: These are flaws that exist in the product’s design, making it inherently unsafe for public use or consumption.
- Manufacturing defects: These types of defects occur at some point in the assembly or manufacturing process, making them dangerous for consumers, despite a sound design.
- Marketing defects: Marketing defects are problems with a product’s labeling, instructions, or safety warnings.
Options for Consumers Injured by Dangerous or Defective Products
Individuals harmed by unsafe products can bring product liability claims to recover damages under three general legal theories:
- Breach of warranty: This is a failure by the seller to stand behind a promise about the type or quality of a product.
- Negligence: Negligence suits require plaintiffs to show five different factors exist, demonstrating the defendant breached a duty of care to protect the consumer with a safe product and that breach of duty resulted in their injuries or harm.
- Strict product liability: In strict product liability claims, plaintiffs are not required to show the product’s manufacturer or seller was negligent.
Any party involved in the chain of distribution for a product can be held liable for a consumer’s injuries or death, including the manufacturer, wholesaler, or retailer. In the case of the blood-thinner drug Xarelto, lawsuits are primarily focused on the companies selling the drug: Bayer and Johnson & Johnson.
While Xarelto and other drugs marketed and sold to the public are proven to have real medical benefits, many also come with dangerous and even life-threatening side effects. Many lives have been endangered and lost to bleeding episodes caused by Xarelto before an effective antidote became available. Philadelphia products liability lawyers at McCann & Wall, LLC have obtained several multi-million-dollar settlements on behalf of consumers impacted by defective drugs.
Product liability claims are complex and require the right legal approach and skilled representation, especially for clients taking on big pharma giants. At McCann & Wall, LLC, our experienced product liability attorneys are not afraid to hold large corporations accountable for selling dangerous medications and other consumer products. We are committed to obtaining the compensation you deserve for pain and suffering, medical bills, lost income, and other damages caused by your defective product injuries.
Philadelphia Products Liability Lawyers at McCann & Wall, LLC Fight for Consumers Harmed by Xarelto and Other Unsafe Drugs
To discuss your case, call our Philadelphia office at 215-569-8488 or our Wilmington office at 302-888-1221 to schedule a free consultation with a seasoned and knowledgeable Philadelphia products liability lawyer at McCann & Wall, LLC. You can also contact us online. We represent clients across Philadelphia, Delaware County, and Chester County, Pennsylvania, as well as those in Wilmington, Delaware, and New Jersey.