People who suffered uncontrolled bleeding after taking the anticoagulant medication Xarelto (rivaroxaban) may be able to sue the drug's maker and marketer for negligence. Victims may be entitled to hefty compensatory damages for:
- hospital bills and long-term care,
- lost earnings,
- loss of future earnings,
- pain and suffering, and/or
- wrongful death
Nevada Xarelto victims have two (2) years following the injury to bring a negligence lawsuit. Xarelto has been linked to other harmful side effects as well, including infection, labored breathing and blood problems.
In this article, our Las Vegas personal injury attorneys answer frequently-asked-questions about Xarelto lawsuits in Nevada, including negligence claims, standards of proof, and statutes of limitations. Click on a topic to jump to that section:
- 1. What can I do if I got injured by Xarelto in Las Vegas, NV?
- 2. What money can I get if I am injured by Xarelto in Las Vegas, NV?
- 3. Whom can I sue for my Xarelto injuries in Las Vegas, NV?
- 4. How do I prove a Xarelto claim in Las Vegas, NV?
- 5. When can I sue after my Xarelto injuries in Las Vegas, NV?
- 6. What is Xarelto used for?
- 7. Has Xarelto been recalled?
- 8. Xarelto resources
Patients who experienced uncontrolled bleeding from taking Xarelto may be able to sue the drug's manufacturer and marketer for negligence. In order to prevail on a negligence lawsuit, the plaintiff (victim) has the burden to prove the following four elements:
- The defendant(s) owed the plaintiff a duty of care;
- The defendant(s) breached this duty;
- This breach caused the plaintiff's injury; and
- This injury resulted in damages.
A negligence lawsuit against Xarelto's manufacturer and marketer would probably allege that the defendants failed in their duty to inform doctors and patients that irreversible internal bleeding is a possible side effect of the drug. And this breach lead to the patients making an uninformed decision to take the drug, which caused them uncontrolled bleeding.
1.1. Xarelto injuries
Uncontrolled bleeding is the gravest potential side effect of taking Xarelto. Patients suffering from severe pulmonary arterial hypertension face a higher risk of internal bleeding from Xarelto. There is no cure to stop the bleeding, though emergency dialysis may help.
Medication exists that may be equally as effective as Xarelto but without risking possibly fatal, uncontrollable blood loss. Arguably, using Xarelto without regular screenings and the ability to adjust dosages accordingly may be unreasonably dangerous.
In addition to a possibly fatal hemorrhage, Xarelto may cause peripheral edema (leg swelling), dyspnea (trouble breathing), lower hemoglobin levels, hematoma, and/or infection (following a knee or hip replacement).
A Xarelto lawsuit should seek compensatory damages for:
- Medical bills related to the Xarelto injuries (such as hospital stays, operations, rehabilitation, and outpatient care),
- Pain and suffering arising from the Xarelto injuries,
- Lost wages, and/or
- Loss of future earnings
Depending on the case, the patient can also seek to recover punitive damages.
In order to prevail in a Nevada negligence case, the plaintiff has the show that it is more likely than not that the defendant was negligent. In legal terms, the plaintiff has the burden to prove by a "preponderance of the evidence" that the defendant committed negligence. Common evidence in Xarelto cases include:
- The plaintiff's medical records, showing the internal bleeding
- Expert medical testimony, linking the plaintiff's Xarelto use to the bleeding
- Marketing materials that show the defendants failed to warn about uncontrolled internal bleeding as a possible side effect
Learn more about proving negligence in Nevada.
Victims have two (2) years after they suffer uncontrolled bleeding from Xarelto to sue for negligence.
FDA approved in 2011, Xarelto is a blood thinner prescribed to treat and prevent blood clots in patients diagnosed with either:
- a stroke;
- blood clots like DVT (deep vein thrombosis);
- lung blood clots (pulmonary embolism); or
- atrial fibrillation (irregular heartbeat)
Xarelto is also given to patients following knee or hip replacement surgery. Prior to Xarelto, doctors relied on warfarin (Coumadin).
No. Though the FDA in 2013 wrote a warning letter claiming that Janssen Pharmaceuticals and Bayer Healthcare did not property admonish patients and physicians about Xarelto's side effects.
- FDA - Guide to Xarelto
- Market Insider - Adverse Effects of Xarelto
- British Medical Journal - Xarelto versus Warfarin
Call a Nevada personal injury attorney...
Have you suffered injuries after taking Xarelto in Nevada? Our Las Vegas personal injury attorneys may be able to win you a substantial financial settlement to cover your expenses including pain and suffering. Contact us at 702-DEFENSE (702-333-3673) for a FREE consultation. You pay us nothing unless we win.
- See, e.g. Scialabba v. Brandise Const. Co., 112 Nev. 965, 921 P.2d 928 (1996).
- FDA - Xarelto Information.
- NRS 11.190.
- Xarelto official site.
- FDA warning letter to Xarelto.