When a drug is released for public use, either as an over-the-counter product from a pharmacy or through a prescription supplied by a physician, the recipient’s expectation is that the drug has been trialed long enough to prove that it is safe to use and will deliver the effects that will alleviate a condition. If the company has mislead the public or failed to disclose information about the side-effects of the drug and has deceived the Federal Drug Administration (FDA) in order to get approval for its release and a serious injury or fatality is caused by the use of the drug, the victim may be entitled to file a personal injury lawsuit against the company marketing the drug
One of the drugs that has been researched and marketed in recent years has been a generation of blood thinners like Warfarin that can act as an anticoagulant, either in operations like hip and knee replacements or for those at risk of blood clot formation. Warfarin and Coumadin have their restrictions, as patient monitoring is important with three monthly check-ups being the norm as doses may need to be altered, but they do have antidotes, the latter being vitamin K if excessive bleeding occurred.
In response to the restriction of these earlier blood thinners, Bayer and Johnson released a 2nd generation drug called Xarelto, which is based on the principal that every patient receives the same dose. Unfortunately for the drug company, insufficient research and no antidote had been made available if the drug failed. This meant that physicians prescribing the drug had no hint of what to do if a severe bleeding event took place in one of their patients. As a result many patients experienced serious unstoppable bleeding with the only way to stop was to wait for the drug to leave the body’s system.
Patients who experienced these serious side effects have taken action, and now there are 2,400 pending lawsuits to be heard in multidistrict litigation (MDL), which is currently awaiting pretrial proceedings for product liability litigation. Plaintiffs are saying they had not been warned about the risk of the occurrence of severe bleeding or that there was no antidote when the bleeding started. If they had been warned of the risks they would not have taken the drug.
Drug companies, like any company, have a duty of care to their customers when the products are released and they are not expected to breach this as a way of maximizing sales. Victims have the legal right to file a lawsuit for injuries they have encountered, using side-effects from drugs that were not their fault. The commonest side-effects from Xarelto use are major bleeding, as well as itching, fainting, pain in legs and arms, muscular pain and spasms.
If you have been prescribed Xarelto and you have serious side-effects that require further treatment and even hospitalization, you may be entitled to file a lawsuit against the company that manufactured and marketed the drug. You are not expected to carry the burden of pain and suffering and additional medical expenses as well as loss of earnings’ ability because you took a drug and you weren’t told that you may suffer serious injury.
If you live on Long Island or in New York City, you should contact Richard S. Jaffe Esq., who is an experienced product liability attorney and will discuss your options in a free consultation.
You can contact him for a free consultation at the Law Offices of Cohen & Jaffe LLP, 2001 Marcus Avenue, Suite W295, Lake Success, NY 11042. Phone: 516-358-6900 or toll free: 800-483-6149.