Litigation Update: Xarelto Settlement

by | Mar 27, 2019

Earlier this week it was announced that the makers of Xarelto® had agreed to pay $775 million to settle approximately 25,000 claims. Bayer Healthcare and Janssen Pharmaceuticals, a division of Johnson & Johnson, agreed to the settlement to resolve substantially all cases concerning Xarelto in both state and federal court. The settlement comes more than four years after the MDL was formed and after several trials. The announcement of the settlement agreement was made jointly by the drug companies and plaintiff lawyer leadership.

The lawsuits claimed that patients were not adequately warned about the life-threatening risks of Xarelto, including uncontrolled bleeding events, strokes and death. Xarelto is an anti-coagulant often prescribed to prevent and treat blood clots, as well as to lower the risk of pulmonary embolism (PE), deep vein thrombosis (DVT) and stroke. It was heavily promoted in television ads featuring NASCAR driver Brian Vickers and golfing legend Arnold Palmer.

The terms of the settlement are private. It is expected that payments will be “substantially reduced” for people who filed cases on or after Dec. 1, 2015, or for those who first suffered an injury they attribute to the drug on or after March 1, 2016. The settlement has specific criteria for newly-filed claims, including a requirement to register the cases by March 28, 2019. In addition, the agreement permits the drug companies to withdraw from the settlement if certain participation rates are not met.

The Verus team of legal, medical and process management experts designs and delivers case management and medical review solutions tailored to the specific needs of your firm. If you have Xarelto cases you are preparing for settlement, Verus can assist you with:

  • Medical record management and review: medical records are reviewed by a dedicated nurse team trained in the specifics of the Xarelto litigation; Verus also coordinates and monitors the acquisition of any necessary medical records.
  • Claimant contact: front-line support for communication with claimants through a dedicated toll-free number and project-specific email address; mailing services for letters and notices are also provided.
  • Case management and submittal: claim status tracking and preparation of submittal documentation.

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