Johnson & Johnson Xarelto Trial: Judge Throws Out $28 Million Dollar Verdict
A Pennsylvania state judge agreed on January 9, 2018 to throw out a $28 million verdict finding that Johnson & Johnson and Bayer had failed to properly warn about the risks of internal bleeding from the anticoagulant medication Xarelto. This verdict had been the lone win for the plaintiffs in this litigation. Thus in all 4 trials, the defense has now prevailed.
The Judge overturned the verdict after hearing arguments from Janssen Pharmaceuticals Inc. and Bayer Healthcare Pharmaceuticals Inc. that a physician for the plaintiff had testified that additional warnings would not have changed her decision to prescribe the drug.
The trial centered on arguments that the warning label originally excluded information that the rate of bleeding observed in a clinical trial was significantly higher among patients in the United States than patients elsewhere in the world.
The plaintiff also accused the companies of failing to adequately warn about the higher risk of bleeds when using the drug along with aspirin, and of failing to inform doctors that some patients end up with significantly higher levels of the medication in their blood than others.
The defense argued that testimony from the plaintiff’s prescribing physician did not pass muster under the ‘learned intermediary doctrine’. This legal doctrine says that drug manufacturers must provide all necessary warnings to prescribing physicians so that the doctor can properly weigh the risks and benefits of a medication.
The difficulty for the plaintiff was that the doctor testified that she would have prescribed the medication even with a different warning label.
The plaintiff argued that her consent to take the drug may not have been given if she had the proper warnings.
This ruling does not mean that the litigation over Xarelto is over. About 1,500 cases are still pending in Philadelphia County. And, while the Judge reversed the verdict based on the specific testimony of a witness, he ruled earlier that there was enough evidence to support an award of punitive damages in the case. This gives significant fuel for the patients and attorneys with cases outstanding to continue. The attorneys at TheLawFirm.com therefore expect additional trials to occur.
Xarelto Lawsuit Jury Delivers Verdict of $29 Million
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 TheLawFirm.com 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.
Johnson & Johnson and Bayer Win Third Xarelto Trial
A federal jury in Mississippi has ruled in favor of defendants Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson) and Bayer in a bellwether case brought by a woman who claimed that the blood-thinner Xarelto caused severe gastrointestinal bleeding.
At issue was whether the drug companies had adequately warned patients and doctors of the bleeding risks associated with Xarelto.
The companies have now won three of three bellwether cases, with a fourth pending.
After a 2015 hip replacement, plaintiff Dora Mingo developed deep vein thrombosis, and was prescribed Xarelto. Shortly thereafter, she suffered from gastrointestinal bleeding, and filed a suit in which she claimed that the drug’s makers knew of Xarelto’s dangers but failed to inform doctors and patients of them.
However, the jury in the trial – like the juries in two previous Xarelto trials – found that the drugmakers had taken adequate steps to warn patients of potential side effects.
If you’ve suffered serious complications from the use of Xarelto, don’t let the results of these trials dissuade you from filing a lawsuit that can help you get back on your feet. Every court rules differently, and the expert attorneys at TheLawFirm.com know every angle of “bad drug” cases. Contact us today.
Drug Companies Want Doctor’s Testimony Stricken from Record in Xarelto Trial
Bayer and Janssen Pharmaceuticals have requested that the Louisiana federal judge presiding over the trial concerning controversial blood-thinning drug Xarelto strike from the record the testimony of a doctor who spoke on the subject of changing the drug’s labeling information.
The request comes in the early days of the third bellwether trial in the Multi-District Litigation (MDL) case against Bayer and Janssen (a subsidiary of Johnson & Johnson) over the allegedly dangerous side effects of Xarelto. The blood-thinner has been linked with cases of uncontrollable and sometimes fatal hemorrhaging.
At issue with the defendants’ request is a potential conflict: a doctor who spoke on behalf of the plaintiff gave contradictory testimony as to whether the U.S. Food and Drug Administration (FDA) had or had not struck from Xarelto’s label information about a blood clotting test. The defendants say that this contradiction makes Dr. Suzanne Parisian, a former officer with the FDA, ineligible to testify.
The plaintiff in the case is Dora Mingo, who developed deep vein thrombosis after a hip replacement surgery in 2015. Prescribed Xarelto, Mingo then suffered severe gastrointestinal bleeding; she alleges the drug’s makers knew of but concealed this potential health hazard.
The case is ongoing in Louisiana court.
If you’ve taken Xarelto, and have suffered from severe bleeding that you think may be connected with that drug, contact your doctor immediately. Then, contact the expert attorneys at TheLawFirm.com so we can help you put your lawsuit together.
Study Links Xarelto to Nearly 22,000 Injuries in 2016
The Institute for Safe Medication Practices (ISMP), a nonprofit organization that studies drugs and their effects, has published the results of a study that finds that blood-thinning drugs such as Janssen Pharmaceuticals’ Xarelto were linked in 2016 to nearly 22,000 serious injuries, including more than 3000 deaths.
Xarelto has been linked with numerous cases of serious gastrointestinal bleeding and brain hemorrhaging. The ISMP report categorized the risks associated with the drug as “unacceptably high.”
Janssen is a subsidiary of Johnson & Johnson.
The ISMP study considered numerous blood-thinning medications, but none was associated with more injuries and/or deaths than Xarelto: 15,043 such events, or just more than 68 percent. The study also found that more than six percent of people who take anticoagulants such as Xarelto will find themselves in the emergency room within a year, and that that rate doubles if the drugs are taken for 10 years.
No antidote exists for the severe bleeding that is linked to Xarelto. One antidote was developed in 2016 - five years after Xarelto reached the marketplace – but the U.S. Food and Drug Administration (FDA) did not approve that medication.
Xarelto is at the center of numerous in-process lawsuits that are part of a large Multi-District Litigation (MDL) case in Louisiana; other suits are pending. Central to the claims is the allegation that Xarelto causes uncontrolled bleeding.
If you take or have taken Xarelto, and have experienced severe bleeding or other serious health issues as a result, you may be entitled to significant financial compensation. Contact the expert attorneys at TheLawFirm.com to learn how we can help you with your case.
Judge Orders Janssen and Bayer to Undergo Third Xarelto Trial
July 25, 2017
A federal judge in Louisiana denied a bid by Johnson & Johnson subsidiary Janssen and Bayer HealthCare Pharmaceuticals to dismiss a lawsuit against them, ordering the companies to stand for a third bellwether trial in a Multi-District Litigation (MDL) case against them concerning the alleged health risks of the blood thinner Xarelto.
At issue in the MDL is whether Janssen and Bayer knew but failed to warm doctors and patients about the risk of dangerous internal hemorrhaging that is allegedly linked to Xarelto use.
The plaintiff in the third suit is Dora Mingo, who started taking Xarelto in 2015 to treat a case of deep vein thrombosis that started after a hip replacement surgery. Mingo suffered from gastrointestinal bleeding, and alleges that the drug’s makers knew about this risk but failed to inform doctors and patients about it.
The drugmakers had claimed that they were unable to change the labels of their drugs after the U.S. Food and Drug Administration (FDA) had approved them, but Judge Eldon Fallon dismissed that line of reasoning.
The drugmakers have won the first two bellwether trials; the third is slated to begin on August 7.
If you’ve ever taken Xarelto and have experienced heavy or dangerous bleeding, you may have a case against the drug’s manufacturers. Contact TheLawFirm.com today to learn how we can help you.