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Had a major bleed due to a new medicine. Should I go with class action or private?

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Currently in Nebraska, but was prescribed in Mississippi.

I recently had a major GI bleed, resulting in a lengthy hospital stay, blood transfusions, all of that fun stuff. About a dozen different doctors said they believed it was due to a new medication I'm on. I did a little research and made a few calls and have discovered that there are a couple of pending class action lawsuits against the drug manufacturer. I also had a law firm that said they would take my case individually, on contingency (for 33% after I told them 40% was too high).

I'm wondering what would be the best route to take when it comes to something like this. If class action is the best, does it matter who I go through?

Thanks!
 


FlyingRon

Senior Member
Are we talking about Xarelto or Eliquis? If so, you're misinformed, there is no class action. There are many "law firms" out there soliciting people to file individual lawsuits with them. What has happened is the suits have been centralized into a single federal court (US District Cout for Eastern District of Louisiana, Judge Eldon E. Fallon). Don't allow yourself to be misled that this is some slam dunk. The cases have been filed, but the outlook for when settlements will occur is in the very distant future. Remember these "law firms" are going to take a substantial part of the settlement if such ever occured.

It sounds like you have a minimal claim if you don't have any ongoing injury was the bleeding crisis had been dealt with.
 

quincy

Senior Member
Currently in Nebraska, but was prescribed in Mississippi.

I recently had a major GI bleed, resulting in a lengthy hospital stay, blood transfusions, all of that fun stuff. About a dozen different doctors said they believed it was due to a new medication I'm on. I did a little research and made a few calls and have discovered that there are a couple of pending class action lawsuits against the drug manufacturer. I also had a law firm that said they would take my case individually, on contingency (for 33% after I told them 40% was too high).

I'm wondering what would be the best route to take when it comes to something like this. If class action is the best, does it matter who I go through?

Thanks!
It is often best to file your own lawsuit if you have an attorney who believes you have a case worth pursuing. Class actions will get a company's attention and can result in major damages being awarded against the company, but they are primarily used as a way to compel changes. And they tend to benefit the attorneys representing the class more than they benefit the class members.

But facts really matter.

You can contact one of the attorneys representing the class members to see what s/he says. It is ultimately up to you how much time and money you want to invest in a lawsuit.

Good luck.
 
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AdjunctFL

Member
About a dozen different doctors said they believed it was due to a new medication I'm on.
I suspect you're talking about an anticoagulant/blood thinner such as Xarelto, Coumadin, or a similar medicine. These medicines are not without risk, but are prescribed for a very specific purpose such as preventing strokes when another issue such as atrial fibrillation exists. The fact that it had a known consequence doesn't mean there was negligence in prescribing it. It could mean nothing more than in the Physician's opinion, sound medical judgement considered that the benefit outweighed the potential risk.

There is pending litigation on some of these medicines. However, they are still being prescribed because of the benefits of taking them.

Nothing in your post indicates that the use of the medicine was improper, even though it did have an unintended result.
 

quincy

Senior Member
Instead of having us guess, what is the medication that is causing you problems and creating problems for the company that manufacturers it?
 
Thanks for the replies. Here is more information:

The medication in question is Xarelto. I'm currently off of it because I'm still healing. The medication was taken as directed. I was told to stop it for 3 days before a colonoscopy. The colonoscopy went well. I was told to resume the medication 3 days after the colonoscopy, which I did, and later that day ended up bleeding like crazy, which resulted in a week in the hospital, emergency surgery, blood transfusion, and so on.

Throughout the week at the hospital, a few of the doctors specifically mentioned that the problem with drugs like Xarelto is that they can stay in the body much longer than they're supposed to. I must have heard about a dozen doctors and nurses tell me this was due to the Xarelto. I will say one thing - the first couple of days in the hospital were absolutely horrible. Blood everywhere. I still haven't had a full night of sleep due to the nightmares and anxiety. Wouldn't wish it on anyone!

Not sure if any of that information matters, but there you go. Thanks again!
 

quincy

Senior Member
Thanks for the replies. Here is more information:

The medication in question is Xarelto. I'm currently off of it because I'm still healing. The medication was taken as directed. I was told to stop it for 3 days before a colonoscopy. The colonoscopy went well. I was told to resume the medication 3 days after the colonoscopy, which I did, and later that day ended up bleeding like crazy, which resulted in a week in the hospital, emergency surgery, blood transfusion, and so on.

Throughout the week at the hospital, a few of the doctors specifically mentioned that the problem with drugs like Xarelto is that they can stay in the body much longer than they're supposed to. I must have heard about a dozen doctors and nurses tell me this was due to the Xarelto. I will say one thing - the first couple of days in the hospital were absolutely horrible. Blood everywhere. I still haven't had a full night of sleep due to the nightmares and anxiety. Wouldn't wish it on anyone!

Not sure if any of that information matters, but there you go. Thanks again!
The issue with Xarelto is not the fact that there is bleeding - that is a known risk for any anticoagulant. The issue in 2014 was that claims were made that Bayer and Johnson&Johnson did not adequately warn of the increased risk of bleeding when using Xarelto.

The risk is now known - and your doctors should have been aware of the increased risk - and your doctors should have informed you of this increased risk.

You can contact one of the attorneys who hopes to represent an as-yet-unassembled class in a class action, if you want to learn more, or you can discuss what has happened with one of the attorneys who thinks you might have a legal action worth pursuing. The first cases filed over Xarelto are expected to be heard in February and March of 2017.
 
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justalayman

Senior Member
Thanks for the replies. Here is more information:

The medication in question is Xarelto. I'm currently off of it because I'm still healing. The medication was taken as directed. I was told to stop it for 3 days before a colonoscopy. The colonoscopy went well. I was told to resume the medication 3 days after the colonoscopy, which I did, and later that day ended up bleeding like crazy, which resulted in a week in the hospital, emergency surgery, blood transfusion, and so on.

Throughout the week at the hospital, a few of the doctors specifically mentioned that the problem with drugs like Xarelto is that they can stay in the body much longer than they're supposed to. I must have heard about a dozen doctors and nurses tell me this was due to the Xarelto. I will say one thing - the first couple of days in the hospital were absolutely horrible. Blood everywhere. I still haven't had a full night of sleep due to the nightmares and anxiety. Wouldn't wish it on anyone!

Not sure if any of that information matters, but there you go. Thanks again!
Im not sure I would see this as the medicine being the issue but the treating Doctor that told you to resume therapy as soon as you did. I can only suspect you had some polyps snipped or your colon was injured in some way. Otherwise I don't see why the xeralto would have caused you any issues. It can cause bleeding issues not associated with an injury but excessive bleeding if you are injured is an expected and side effect. I would suspect your issue was either not stopping the xeralto soon enough or resuming it too soon after the procedure. I see that as more the doctors error than the xerelto.


I can tell you I was on aspirin as a thinner. I was told to cease use 1 WEEK prior to a procedure where it is expected to cause some bleeding. I can say 1 week was not nearly enough time prior to the procedure. I'm surprised you were told to stop only 3 days prior to your procedure and, if there was any snipping, resume so quickly.

Again, it isn't the medicines fault if it was doing what it was supposed to do.
 
I can tell you I was on aspirin as a thinner. I was told to cease use 1 WEEK prior to a procedure where it is expected to cause some bleeding. I can say 1 week was not nearly enough time prior to the procedure. I'm surprised you were told to stop only 3 days prior to your procedure and, if there was any snipping, resume so quickly.

Again, it isn't the medicines fault if it was doing what it was supposed to do.
One week wasn't enough for aspirin? I thought that stuff was out of your system in a day or so.

Yeah, I was really confused that they didn't want more time off of the drug. I even asked the GI doc and my hematologist about 3x each before stopping and resuming the drug if they were absolutely sure about the time frames.

Yes, I had 4 polyps removed (awesome for a first colonoscopy in your early 30's right?) - I watched as the guy removed/cauterized them and left no bleeding.

So.. I don't know how long the manufacturers of Xarelto say that the stuff will be in your system (I think that was the issues the doctors had with the drug), or if the doctors told me to get back on it too soon, or what. I guess if the doctors are at fault, the lawyers may want to go after them.
 

AdjunctFL

Member
The medication in question is Xarelto.
I also take Xarelto and have been told it may cause bleeding. When I underwent some minor surgery I was told to stop it 3 days prior and start 3 days later. I had two choices. Accept the double risk (potential for stroke while not on the drug or potential for bleeding from the surgery) or not have the minor surgery. I chose to have the surgery.

It was my choice. Life comes with risks and every risk doesn't mean someone should be sued.

I suspect you had the same risk. If you stopped taking the drug for a longer period, what would have been the increased risk of stroke or for whatever else you were taking it for?
 
I suspect you had the same risk. If you stopped taking the drug for a longer period, what would have been the increased risk of stroke or for whatever else you were taking it for?
The problem with Xarelto (and having genetic mutations that cause one to be prone to clotting) is that there is no actual way to calculate or odds of having a stroke or a complication. You could theoretically stop taking your meds and go your entire life without having a stroke.

As far as whether or not a lawsuit is deserved, I'll leave that up to the courts. Many people argue that Xarelto does not function as it should as far as how long it actually stays in the system, and plenty of others are saying that some of the tests for Xarelto approval were fudged. I'm still too tired and worn out to get super into it. I figure I'll just file and see what happens. If nothing else, I'm still alive, and that's kinda cool.
 

quincy

Senior Member
The problem with Xarelto (and having genetic mutations that cause one to be prone to clotting) is that there is no actual way to calculate or odds of having a stroke or a complication. You could theoretically stop taking your meds and go your entire life without having a stroke.

As far as whether or not a lawsuit is deserved, I'll leave that up to the courts. Many people argue that Xarelto does not function as it should as far as how long it actually stays in the system, and plenty of others are saying that some of the tests for Xarelto approval were fudged. I'm still too tired and worn out to get super into it. I figure I'll just file and see what happens. If nothing else, I'm still alive, and that's kinda cool.
Here are the state-by-state time limits for filing a product liability case: http://injury.findlaw.com/product-liability/time-limits-for-filing-product-liability-cases-state-by-state.html You have 2-3 years from the date of injury to file suit in Mississippi, 4 years from the date of injury in Nebraska. Again, these are the limits for a product liability case. Both states have a 2 year limit for medical malpractice claims.

It could be smart for you to wait to see how the plaintiffs fare in the cases going to trial in February and March, before paying an attorney to file a suit against the maker now. By waiting, you will have the benefit of seeing what arguments are made by the parties in the suit, and you can see how the court weighs these arguments (unless the case is settled out-of-court, or unless the trial is long and drawn out and you run up against the statute of limitations).

Obviously it is up to you. Whatever you decide, I wish you good luck.
 
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