Bayer and Johnson & Johnson will pay $775 million to settle thousands of lawsuits involving Xarelto, a blood thinner that allegedly caused dangerous episodes of internal bleeding, pulmonary embolism, strokes, and other life-threatening complications.
The just-announced Xarelto settlement could potentially resolve over 23,000 cases centralized in the U.S. District Court, Eastern District of Louisiana, as well as some 2,000 that have been filed in Pennsylvania’s Philadelphia Court of Common Pleas.
Xarelto plaintiffs who retained an attorney prior to March 11, 2019 are also eligible to participate in the settlement, as long as they register their claim by March 28, 2019 and file their lawsuit by April 4, 2019.
Under the terms of the agreement, those who received their first Xarelto prescription on or before December 1, 2015, or whose alleged injury occurred on or after March 1, 2016, will receive a substantially reduced award. The Xarelto settlement also caps payments for any plaintiff who was hospitalized for two days or less because of their alleged injuries.
Johnson & Johnson and Bayer will each pay an equal share of the Xarelto settlement, and they will not admit liability for any patient injuries. The companies also reserve the right to withdraw from the agreement “if certain participation rates of those who are eligible to participate are not satisfied.”
Xarelto was first approved by the U.S. Food & Drug Administration (FDA) in October 2011, and it is currently indicated for:
Plaintiffs claim that Johnson & Johnson and Bayer aggressively marketed Xarelto as an improvement over coumadin, and downplayed the drug’s potential to cause uncontrolled internal bleeding and related complications.
While coumadin and Xarelto can both cause internal bleeding, coumadin patents can be successfully treated with vitamin K. No such option existed for Xarelto patients until the FDA finally approved Andexxa in May 2018.