Xarelto is an anti-coagulant (blood-thinner) made by Johnson & Johnson and its subsidiary. It was designed as an alternative to the established blood-thinning drug Warfarin. Initially, it was approved for patients recovering from hip replacement and knee surgery in order to guard against deep vein thrombosis, and later its uses expanded to reducing the risk of stroke in those with atrial fibrillation. However, our Xarelto lawyers know that blood thinning can result in an increased risk of gastrointestinal bleeding and other severe hemorrhaging injuries. Many patients suffer serious complications from using the medication, even though it is supposed to help them get better. The FDA has given two black box warnings on the label for Xarelto. The products liability attorneys at Moll Law Group represent victims of dangerous drugs nationwide in pursuing damages for their injuries.Proving Liability for Injuries Caused by Xarelto
Because of the aggressive marketing of its manufacturer, Xarelto has been used by many patients. However, numerous people have been hurt by the drug's side effects, and often there is no reliable treatment if these side effects occur. Injuries may require long-term hospitalization or care and time off work for substantial periods. If you have suffered pulmonary embolism, deep vein thrombosis, stroke, heart attack, or a bleeding injury while taking Xarelto, you may be able to recover compensation to cover the expense of handling the dangerous side effects. Similarly, families of those who have lost their lives due to their use of Xarelto may have a basis to bring a wrongful death claim.
There are three ways in which a drug can be dangerously defective: manufacturing defects, design defects, and failures to warn. In the Xarelto case, the two likely types of defects that may give rise to liability are design defect and failure to warn.
A design defect exists if a pharmaceutical is made according to plan but formulated such that it is dangerous. In order to prove a design defect, a plaintiff will need to rely on the risk-utility test or the consumer expectation test. Under the former test, the jury will consider whether the risks associated with the current formulation of Xarelto were outweighed by the utility of the design in accomplishing its use or function. Making this determination may require the jury to consider whether there was a reasonable alternative formulation. Under the consumer expectation test, your Xarelto lawyer will need to show that Xarelto did not perform as safely as ordinary consumers would expect when the drug was used as intended or in a reasonably foreseeable way.
The manufacturer of Xarelto also may be liable for marketing defects or failures to warn. These cases often arise when a manufacturer fails to give accurate warnings or instructions about how to safely use a drug. However, under the learned intermediary doctrine, a manufacturer discharges its duty to consumers by providing accurate warnings to doctors, who are considered "learned intermediaries" who are in the best position to determine whether the risks are worth taking in the case of a particular patient. Doctors who fail to appropriately provide warnings to patients may be liable for medical malpractice if they prescribe Xarelto to a patient without disclosing the risks, and a reasonable physician in the same specialty would not have.Discuss Your Products Liability Claim with a Knowledgeable Xarelto Attorney
If you have been adversely affected by using Xarelto, contact the products liability lawyers at Moll Law Group to guide you in seeking damages. Billions of dollars have been recovered in cases in which we were involved. We represent people nationwide in states such as Florida, New York, California, Texas, Pennsylvania, Ohio, and Michigan. Call us at 312-462-1700 or use our online form to arrange a free consultation with a Xarelto attorney.