For many years, patients at risk of blood clots were prescribed the popular drug Coumadin to treat their condition. The manufacturers of the drug Xarelto attempted to compete with Coumadin by touting the drug’s alleged benefits. These benefits were said to include a lack of the need for constant patient monitoring while on the drug as well as the need for a certain dietary restrictions. Unfortunately, it is has since been shown that the drug poses serious health risks for patients. Many lawsuits are now being filed as a result. One recent lawsuit accuses Janssen Research & Development, Johnson & Johnson, Janssen Pharmaceuticals, and Bayer Healthcare Pharmaceuticals, Inc., of fraudulently misrepresenting the safety of the drug.
Six Elements for Proving Fraudulent Misrepresentation Relating to Xarelto Use
What does an injured victim have to prove in order to succeed in a fraudulent misrepresentation lawsuit following Xarelto use? The following is an overview:
- The manufacturers of Xarelto made false representations.
- The misrepresentation was material to the transaction. This means that the misrepresentation pertained to the use of Xarelto for its intended purposes.
- The misrepresentation was made with knowledge that it was false, or with reckless disregard as to whether or not it was true. In other words, the manufacturers either knew that they were lying or withholding information when they made statements about the safety of the drug, or they had no reason to believe that their statements were true.
- The misrepresentation was made with the intention of inducing medical professionals and patients to prescribe and take Xarelto.
- The medical community and the patients relied on the misrepresentation when opting to take Xarelto.
- The misrepresentation caused harm to the patients taking Xarelto, in most cases through injury or death.
If you were injured after taking Xarelto, it is important to act quickly. Contact our offices today to see how you can move forward with your claim.