On March 25, 2019, two pharmaceutical companies entered into a $775M settlement in 25,000 lawsuits alleging patients were not adequately warned about the risks of a blood thinner product. This product is a medicine used to prevent and treat blood clots in legs or lungs and to prevent strokes in people with irregular heartbeats. Rxlist.com describes the medication and its side effects:
The medication is used for the prevention of deep vein thrombosis which may lead to pulmonary embolism in patients undergoing knee or hip replacement surgery. Common side effects of this medicine include bleeding complications, fainting, itching, pain in your arms or legs, muscle pain, and muscle spasms. The severe side effects of this medicine are spinal hematomas.
Lawsuits dating back to 2014 were consolidated in the United States District Court Eastern District of Louisiana, In re Products Liability Litigation, MDL NO. 2592 SECTION L. On July 21, 2017, United States District Judge Eldon E. Fallon wrote:
This matter arises from damages Plaintiffs claim to have suffered from the manufacture, sale, distribution, and/or use of the medication, an anti-coagulant used for a variety of blood-thinning medical purposes. Plaintiffs have filed suits against Defendants throughout the nation. Plaintiffs allege that they or their family members suffered severe bleeding and other injuries due to the medications defective design and inadequate warning label, among other issues…
Judge Fallon cites Guidry v. Janssen Pharms., Inc. “Moreover, the court in Guidry, relying on Levine, found that Plaintiff’s pre-market defective design claims under the Louisiana Products Liability Act were not preempted. Guidry v. Janssen Pharms., Inc., No. 15-4591, 2016 U.S. Dist. LEXIS 115447, at 48 (E.D. La. Aug. 29, 2016).” The Guidry court reasoned:
Here, the plaintiff states in her complaint that the defendants knew Invokana’s design posed an unreasonably dangerous risk of kidney injury before it was approved by the FDA, yet they sought FDA approval nonetheless. Louisiana law imposes a duty on all manufacturers to consider feasible, alternative designs and reasonably weigh the risks and utility of the final product before it leaves the manufacturer’s control.
While attorneys for the plaintiffs called the settlement fair and just, the pharmaceutical companies made no admission of liability. Consumer product liability litigation determines whether manufacturers or retailers are liable for defective design or failure to provide adequate warnings on a product. Product liability expert witnesses objectively weigh the facts of the case and provide testimony that enables the jury to make an informed decision on whether the product manufacturer or retailer is liable. Contact ForensisGroup to find the product liability expert witness best suited to your case.