A woman has filed a Xarelto lawsuit in Ohio against Bayer Healthcare, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals. Bayer is the manufacturer of the medication and Janssen Pharmaceuticals is the company that markets it in the United States. Johnson & Johnson owns Janssen Pharmaceuticals. The lawsuit was filed in federal court. The plaintiff claims that using Xarelto to treat atrial fibrillation led to gastrointestinal bleeding and other medical problems. A more common term for atrial fibrillation is an irregular heartbeat. Xarelto is as an anticoagulant, otherwise known as a blood thinner.
Statement of Facts
According to the complaint that was filed that initiated this Xarelto lawsuit, a link to which can be found here, the plaintiff began taking Xarelto in September of 2013 after having it prescribed for her by her doctor. The reason for her use of Xarelto was that she was suffering from chronic atrial fibrillation. In November of 2013, the plaintiff was hospitalized and diagnosed with gastrointestinal bleeding and anemia. The plaintiff claims that as a result of this occurrence, she suffered permanent injuries and a permanent loss of her enjoyment of life.
Legal Causes of Action
The plaintiff laid out several different legal causes of action in her complaint. Causes of action are legal theories as to why a defendant should be found liable for damages in a lawsuit. These causes of action include:
- Strict liability
- Breach of implied warranty of merchantability
- Breach of implied warranty of fitness for a particular purpose
- Negligent failure to warn
- Negligent design defect
- Negligent misrepresentation
- Breach of express warranty
- Violation of consumer protection laws
- Fraudulent concealment
- Loss of consortium, companionship, services
The overall basis of the claim is that the defendants knew that there was a risk with using Xarelto yet continued to market it aggressively to consumers despite this risk of harm.
Type of Damages Being Sought
In addition to the numerous legal causes of action, the plaintiff is also seeking the recovery of several different types of damages. These include:
- Compensatory damages suffered by the plaintiff as a result of using Xarelto
- Past and future loss of income
- Pain and suffering
- Pre and post-judgment interest
- Attorneys’ fees and other related costs
- Punitive damages
The pursuit of punitive damages is particularly significant. Punitive damages are not directly tied to any form of financial loss, but instead they are sought when a defendant allegedly acts in a particularly egregious manner. A court will award punitive damages as a matter of policy so that the defendant will be ‘punished’ for its wrongful actions.
Xarelto Bleeding Lawsuits and Your Legal Rights
If you or someone you love has used Xarelto and you’ve suffered as a result, you need to take action to protect your legal rights and interests. Contact the Xarelto side effects lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.