Medical Malpractice, Lawsuit, Settlement, Xarelto, Litigation, Bayer, Johnson & Johnson

Bayer, Johnson & Johnson to Pay $775 Million to Settle Xarelto Litigation

Johnson & Johnson and Bayer said on Monday that they had agreed to pay $775 million to settle about 25,000 lawsuits involving their blood thinner “Xarelto,” which they jointly sell. The settlement will be split evenly between the two companies, and will resolve thousands of state and federal cases that patients have filed against the pharmaceutical juggernauts. According to the lawsuit, the companies failed to disclose the possibility that patients could suffer from fatal bleeding episodes after taking the drug.

Despite the settlement, neither company admitted liability. Both tout their victories in the six lawsuits that went to trial, and argue that they would win the majority of the suits if they were able to represent all of them. In a statement made by Janssen, the pharmaceutical division of Johnson & Johnson, the companies had decided to settle because of the overwhelming amount of lawsuits filed, and because such complex litigation “demands an enormous amount of time and resources.” They added, “What’s the bottom line? We stand behind Xarelto and are eager and excited to move forward.” Andy Birchfield, the co-lead counsel of the plaintiff’s steering committee for the federal legislation, argues that the settlement “is a fair and just resolution for thousands of consumers who have substantial claims.”


Xarelto is one of a new group of blood-thinners intended to replace the decades-old drug, Warfarin. Xeralto does not need the frequent drug tests or the strict diet that Warfarin demands. Lawyers for the patients had argued that the companies failed to warn the public that Xeralto, which thins the blood to prevent clots, could trigger massive bleeding in some patients which could result in death and serious injury. In the first few years of the drug’s release, there was no specific antidote designed that would tackle the bleeding caused by Xeralto.  


Bayer and Johnson & Johnson fought the initial claims that Xeralto causes potentially fatal bleeding episodes, citing large-scale clinical trials highlighting the safety and effectiveness of the drug. Lawyers for the patients doubted the validity of these clinical trials, arguing that the blood-testing monitor used in the trials was faulty. Nevertheless, Xeralto was among Johnson & Johnson’s top-selling products in 2018, bringing in nearly $2.5 billion in revenue.  


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