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Xarelto loses lawsuit

Xarelto Lawsuit Jury Delivers Verdict of $29 Million

December 5, 2017
A Philadelphia jury has delivered a first-of-its-kind verdict against Johnson & Johnson and Bayer regarding the blood thinner Xarelto. The jury awarded $29 million in damages after finding the companies had provided inadequate warnings about the risks of bleeding associated with the drug.

The jury finding followed three victories for Bayer and Johnson & Johnson.

The plaintiff was an Indiana woman who alleged she suffered serious gastrointestinal bleeding while using Xarelto. Her case was one of more than 1,500 pending mass tort cases in Philadelphia regarding Xarelto.

Her trial focused on her allegation that claims that Janssen Pharmaceuticals Inc. and Bayer Healthcare Pharmaceuticals Inc. failed to include information on Xarelto’s warning label regarding the rate of bleeding events. It was claimed that bleeding events for users of Xarelto are more significant than for users of Eliquis or Pradaxa.

Evidence was presented to the jury that the bleeding rate for users of Xarelto in the United States was 8.1 percent annually versus 3.6 percent annually among participants globally.

The Plaintiff also alleged that Johnson & Johnson and Bayer did not properly warn about the higher risk of bleeds when using Xarelto with aspirin.

A significant witness for the Plaintiff was the former Food & Drug Administration chief. He told jurors that he believed the Xarelto warning label had lacked key information about the severity of the potential bleeding risk associated with the drug.

Johnson & Johnson and Bayer pointed to the warning label on Xarelto, which warned that the drug “can cause serious and fatal bleeding.” Their lawyers claimed this was an adequate warning. The jury disagreed.

As usual, the defense maintains that the drug is perfectly safe and plans to appeal.

It is unclear to the attorneys at how this latest verdict will effect the litigation. The defense has won the last three trials and will appeal this latest verdict. Nevertheless, it is a significant verdict that keeps the litigation alive. It may be that this latest verdict drives the outstanding cases to settlement.

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