How Long Will It Take to Settle Xarelto Cases?
The lawyers at Saiontz & Kirk, P.A. are pursuing Xarelto cases for individuals nationwide who may be entitled to financial settlements for themselves or their family, as a result of severe bleeding injuries associated with the blood thinner, including
- Gastrointestinal (GI) Bleeding
- Brain Hemorrahages
The first Xarelto bleeding lawsuits were filed against Bayer and Johnson & Johnson in early 2014, and there are now more than 23,000 claims brought on behalf of individuals who suffered severe or fatal injuries.
Since the drug makers have refused to make reasonable attempts to settle Xarelto cases, hundreds of individual cases are being prepared for trials in waves, and it is expected that the U.S. District Judge presiding over the litigation may begin remanding claims to courts nationwide if settlements are not reached.
Factors Considered in Xarelto Settlement Negotiations
All of the complaints involve similar allegations that the drug makers failed to properly research the Xarelto bleeding risks with this new-generation anticoagulant, or adequately warn about the lack of an effective reversal agent to allow doctors to control bleeding events that may develop among users.
In December 2014, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized all cases filed throughout the federal court system as part of a Xarelto MDL in the Eastern District of Louisiana, where U.S. District Judge Eldon Fallon will oversee pretrial proceedings and potential settlement discussions.
As part of the coordinated pretrial proceedings, Judge Fallon selected a small group of “bellwether” cases that were prepared for early trial dates, which have failed to move the parties closer to settling cases.
Negotiations to settle Xarelto cases are based on what a jury is likely to award to each individual case, including an assessment of the relative strengths of the lawsuit.
If individual plaintiffs are successful establishing their claim, a jury would take into account the nature of the claimed injury from Xarelto, the severity of the damage and the economic impact of the injury when determining the amount of compensation to be awarded.
In determining the amount of any damages a plaintiff may be entitled to receive for settling their Xarelto case, the following are some of the common factors that a jury may consider, and which will be taken into consideration during negotiations:
- The extent and duration of the injury from Xarelto;
- The effect that the Xarelto injury had on the overall physical and mental health or well-being of the patient;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The amount of any past use or future medical expenses caused by Xarelto use;
- Any lost wages or loss of earning capacity;
- In a Xarelto wrongful death case, the losses suffered by the surviving family membes will be considered, including the loss of love, affection, and companionship.
Find Out If You May Qualify for a Xarelto Offer
The personal injury lawyers at Saiontz & Kirk, P.A. provide free consultations and case evaluations to help individuals determine whether they may be entitled to pursue a Xarelto settlement for bleeding problems that may be caused by the drug’s side effects.
After contacting our office toll free at 1-800-522-0102 or requesting a free case review on-line, the facts and circumstances surrounding your potential Xarelto injury case will be reviewed and evaluated by our lawyers.
If it is determined that you or a loved one may be eligible for financial compensation, it is your decision whether to hire our law firm. All lawsuits are handled by our Xarelto attorneys under a contingency fee agreement, which means that there are never any fees or expenses paid unless we are successful obtaining a settlement or other recovery in your case.