Big Win for Bayer and Johnson & Johnson in Xarelto Verdict Reversal
Bill Tilley
Visionary in Litigation Finance & Legal Tech | Strategic Board Advisor | Driving Legal Innovation Across the US, UK, & EU
Pharmaceutical giants Bayer and Johnson & Johnson received a big win when a Pennsylvania judge reversed the nearly $28 million verdict awarded to an Indiana plaintiff. The case marked the first Xarelto loss for the defense. Plaintiff, Lynn Hartman had been prescribed Xarelto to prevent strokes. Hartman and other plaintiffs argue that the drug companies failed to adequately warn of the internal bleeding risk associated with the blood thinner. Hartman was eventually hospitalized with severe internal bleeding which she claims was a result of taking Xarelto. In December, a Pennsylvania jury awarded Hartman and her husband $27.8 million. The vast majority of the verdict, $26 million, was awarded as punitive damages. There are currently over 20,000 pending Xarelto cases in state and federal court. In the first three federal cases, the drug companies were cleared of liability by juries.
This case had marked the first win for plaintiffs in the Xarelto injury cases. There are over 1,400 cases still pending in the Philadelphia court with the next trial scheduled for early this year. The vast majority of Xarelto cases are consolidated in a Multidistrict Litigation at the U.S. District Court for the Eastern District of Louisiana. The reversal in the Hartman case presents a difficult path for future litigation. Attorneys for the plaintiff argue that the verdict was overturned on a “narrow issue.” Attorneys for both sides in the federal cases have been ordered to present arguments on how litigation should proceed. Arguments are scheduled for later this month.
Xarelto was originally approved by the US Food and Drug Administration in 2011. The blood thinner was designed to prevent blood clots in people with deep vein thrombosis and has also been prescribed to prevent blood clot or stroke in people with atrial fibrillation or irregular heartbeat.
Bayer AG and Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, jointly developed the drug and argue of its efficacy. Both companies maintain that they adequately warned of potential bleeding associated with the drug use. According to the FDA, Xarelto is responsible for around 370 deaths. According to plaintiffs, Xarelto manufacturers failed to fully investigate the risks of taking the drug, failed to provide adequate warnings and failed to disclose the increased risk of severe irreversible, uncontrollable bleeding.
Have you or a loved one taken Xarelto? Have your clients experienced severe bleeding as a result of the medication? Amicus Capital Group and Amicus Media Group are committed to bringing you the latest information about Xarelto litigation. We will continue to update you on the status of the 20,000 pending cases in state and federal court. Amicus proudly assists with law firm growth and case acquisition. We can also provide litigation funding to help you provide the best services for your clients without the worry or stress of finances. Contact our offices today to find out more about how we can help.
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