Lafayette, LAThere are a plethora of signs and markers that appear to suggest that Xarelto is going to become a caseload juggernaut in the litigation world. First, the cases in multidistrict litigation are growing steadily, from just over 300 in March to more than 400 now. Funding firms are actively promoting case funding options for plaintiffs requiring funding in order to proceed with a Xarelto lawsuit. And just the optics involving Xarelto leave much to be desired.
To that end, Xarelto is an example of a new-age blood thinner that aims to knock Coumadin (warfarin) away from its 50-plus-year reign as the King of Blood Thinners. Coumadin is effective, provided stringent and ongoing monitoring is maintained in order to avoid bleedouts or hemorrhages. Were that to happen, at least Coumadin has an “out” - an antidote or reversing agent that can be administered in order to counteract the anticoagulating properties of warfarin in an effort to halt serious bleeding events.
Compare this with Xarelto, one of at least two latest-generation blood thinners that reportedly do not require the strict ongoing monitoring that has been the bastion of warfarin. Thus, it is much more convenient for both patient and healthcare provider. It’s also more expensive, but new drugs usually are.
And Xarelto, it seems, lacks a reversing agent. It has been reported that ongoing research is continuing in an effort to find one (the thinning properties of Coumadin are reversed with an immediate injection of vitamin K), but it hasn’t happened yet and Xarelto was brought to market without one.
Plaintiffs experiencing a Xarelto Bleeding Issue have assumed, akin to Coumadin, that a hemorrhage could be controlled. The truth - at least at the moment - is that a Xarelto Bleedout is much harder to control once it starts. In some cases it can’t be controlled, and Xarelto Death results.
One of the reasons why Xarelto Bleedout lawsuits appear to be growing so quickly could be the realities of multiple plaintiffs, as seen in a Xarelto lawsuit filed this past March by 12 plaintiffs alleging Xarelto Bleeding complications (Walker et al v. Janssen Research & Development LLC et al, Case No. 2:15-vc-01971, in the US District Court for the Central District of California).
As for the Xarelto MDL (In re: Xarelto Products Liability Litigation, case number 2592, before the US Judicial Panel on Multidistrict Litigation), discussions are currently ongoing toward the identification of cases best suited for serving as bellwether cases. According to Case Management Order No.1, filed earlier this month on May 4, “The parties are discussing the scope of discovery, especially the length and breadth of document production, which will influence the setting of the date of the first bellwether trial.”
A subsequent Case Management Order is expected to be filed in June once a pool of cases and plaintiffs are examined in-depth for discovery and suitability as a bellwether case.
Blood thinners comprise an important aspect of ongoing health for an aging US population - the baby boomer. The largest single demographic segment is heading into retirement. While modern-day retirees are more active and by and large healthier than previous generations, the need to thin blood as a hedge against strokes and other cardiovascular issues continues, and the market for blood thinners will only get bigger.
To be fair, both patients and their doctors have for years been seeking a blood thinner that is easier to use than Coumadin, and requires less stringent monitoring. Xarelto, along with competitor Pradaxa, appeared to be the answer. However, it is the lack of a reversing agent against Xarelto side effects and bleeding that is prompting plaintiffs to state that Xarelto, even more so than Coumadin, needs continued monitoring in an effort to prevent a Xarelto Bleedout.
That’s because once a Xarelto Bleeding Issue starts, it’s almost impossible to turn off the tap. Plaintiffs claim they were not aware of this lack of antidote, and that the manufacturers of Xarelto had acted irresponsibly in bringing Xarelto to market without one…
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