Xarelto Patient Fights Judge’s Reversal of Verdict
A plaintiff alleging failure to warn of increased risk of internal bleeding by the manufacturers of Xarelto won a $28 million verdict in state court in December. The verdict in the Hartman case was reversed by the presiding judge in January, even though jurors had sided with the plaintiff after hearing exhausting testimony and evidence about the dangers of the drug and the company’s failure to warn about these dangers. The plaintiff is currently appealing the reversal of the jury verdict.
Why Did the Judge Reverse the Xarelto Lawsuit Verdict?
According to reporting by The Legal Intelligencer, Hartman filed a brief challenging the judge’s decision to grant the defense motion for a judgment notwithstanding the verdict. By granting the motion, the judge effectively reversed the decision by the jury who heard the case at trial.
One of the challenges included in the appeal refers to a statement by the judge that the defense deserves a new trial because of “highly inflammatory” remarks by the plaintiff during closing. The judge made the statement in a post-trial hearing after Bayer and Janssen alleged that the plaintiff’s attorney attempted to associate the Nazis with the German-based company in jurors’ minds. The defense team also raised the issue that three members of the plaintiff’s trial team had posted on social media using the hashtag “#killinnazis” in connection with the trial.
Hartman’s legal team included other challenges to the judge’s ruling. We must wait to see what happens in this case; however, the decision by the appeals court could have a significant impact on other Xarelto-related claims and lawsuits.
Why is Xarelto Considered a Dangerous Drug?
Xarelto was approved by the U.S. Drug and Food Administration (FDA) for use as an oral blood-thinner. The medication has been on the market since 2011. It has been prescribed to thousands of patients across the U.S. to help in the prevention of blood clots. Xarelto (rivaroxaban) has been marketed as an alternative to Warfarin, which is said to have risks and problems.
Some patients have reported a fundamental problem with Xarelto. In some cases, patients have reported excessive and unstoppable internal bleeding when taking Xarelto. Currently, about 1,400 cases are pending in state courts. Around 20,000 cases are pending in MDL cases in federal court alleging serious injuries and fatalities associated with Xarelto.
Janssen and Bayer has earned billions of dollars by manufacturing and selling Xarelto in the United States and worldwide. However, some patients claim that the drug is dangerous, the company knew of the danger and failed to warn patients and doctors of the danger. Regardless of the claims, the company continues to sell the drug to patients around the world.
Another blood thinner, Pradaxa, has also been associated with injuries and deaths. The makers of Pradaxa faced similar lawsuits by patients claiming injuries after taking Pradaxa. The maker of the drug settled most of the lawsuits in 2014 for a reported $650 million.
Are You Taking the Drugs Pradaxa or Xarelto?
If you are the victim of a dangerous drug, our pharmaceutical lawsuit attorneys want to hear from you. You can obtain more information about Xarelto lawsuits or other dangerous drug claims by calling The Fox Law Firm, P.C. for a free consultation. Call 1-866-FOX-FIRM or 1-866-369-3476 now to learn more about product liability laws and defective drugs.
Source: “Xarelto Plaintiff Faults Judge’s Basis for Rejecting $28M Verdict.” Max Mitchell. The Legal Intelligencer. 21 February 2018.