Another Pradaxa Lawsuit Filed Over Internal Bleeding
By Andrea Gressman
Many patients who have taken the drug Pradaxa are now filing lawsuits against the drug’s manufacturer because of a serious side effect that causes uncontrollable internal bleeding – sometimes so severe that it can even cause death. Recently another Pradaxa internal bleeding victim, Khaleel Elahee, filed a lawsuit over the Pradaxa injuries he suffered, stating in his lawsuit that he was not properly warned about the potential side effects of the drug.
What Is Pradaxa Used For?
Pradaxa is an anticoagulant used to treat blood clots, deep vein blood clots (thrombosis), and pulmonary embolisms. Some patients have reported severe side effects of Pradaxa, including intestinal bleeding, heart attack, gastrointestinal bleeding, brain bleeds, and even death. Pradaxa is made by Boehringer Ingelheim Pharmaceuticals and was approved by the FDA in 2010.
The Basis of Elahee’s Pradaxa Lawsuit
Patients, as well as their Pradaxa attorneys, are claiming that Boehringer Ingelheim and the drug’s designers were well aware of the potential risks involved with the medication. Plaintiff Khaleel Elahee has even stated that if there was a warning label he would have never taken the medication. Elahee had internal bleeding that was found to be caused by Pradaxa in 2011. According to his Pradaxa lawsuit, the warning label was missing many important details such as:
* There is no way to reverse the anticoagulation effects of the medication;
* Renal functioning should be assessed before starting Pradaxa; and
* Pradaxa has a serious high risk of internal bleeding in the gastrointestinal tracts as well as other parts of the body.
In March 2011, the manufacturers of Pradaxa changed the warning label. However, Elahee and other Pradaxa lawsuit Plaintiffs feel the new label is still inadequate because it fails to address the bleeding risks.
Pradaxa Class Action Lawsuit vs. Individual Pradaxa Lawsuit
Dozens of individual Pradaxa internal bleeding lawsuits have been filed, and Pradaxa lawyers estimate as many as 500 more cases may be filed. Patients who suffered Pradaxa bleeding side effects must choose whether to file an individual lawsuit or join a Pradaxa class action lawsuit. An experienced Pradaxa compensation specialist can help you determine which course of action is best for you and your family. Here’s the difference between the two.
A class action lawsuit is when a large group of people file a lawsuit against one individual or one company. To file a class action suit, the Plaintiffs must follow certain steps.
First, there must be Plaintiffs that have all suffered the same or similar type of injury or damage caused by the same Defendant. After the lawsuit is filed, the Plaintiffs need to file a motion to certify the class. The motion of certification may include information such as the number of members in the class, the name of the lead Plaintiff(s) filing the class action lawsuit, and other information related to the case.
In some cases when a motion of certification is filed discovery may be required. Discovery is used to define the size of the class and to determine if the class meets all of the standards for a class action lawsuit. After the motion to certify, the Defendants have the opportunity to object if they believe the case is not appropriate for a class action lawsuit.
The next step is due process. During due process, it is required that a notice is sent to all Class Members either by mail, radio broadcast, television broadcast, or published in a newspaper or website with information about the lawsuit. Other notices may also be sent allowing Class Members to opt out of the class action lawsuit. A Class Member may opt out of the class action and go forth with litigation by themselves. If a Class Member decides to opt out of a class action lawsuit and proceed in their own litigation, they must do so in a timely manner.
According to the civil procedure law, a class action must have characteristics referred to as CANT. The characteristics are:
* Commonality – This means that one or more of the claims have to be common for the entire class.
* Adequacy – All parties must adequately protect the interests of the class.
* Numerosity – The class must be large in size to the point that doing individual lawsuits would be impossible and impractical.
* Typicality – the claims must be typical for the Plaintiff and the defenses must be typical of the Defendant. In other words, the Plaintiffs’ claims should have distinctive qualities toward the Plaintiff(s), and the same goes for the defense.
Some Plaintiffs may file an individual Pradaxa lawsuit. There are many differences between class action lawsuits and individual lawsuits. Individual lawsuits of this nature are called personal injury lawsuits. The main difference between a class action lawsuit and a Pradaxa personal injury lawsuit is that there are more Plaintiffs in a class action than there are in a personal injury lawsuit.
When a Pradaxa class action lawsuit is won, the settlement is split between hundreds or even thousands of Class Members. When an individual Pradaxa lawsuit settlement is reached, the Plaintiff often gets a higher pay out than in a class action settlement. However, class action lawsuit settlements are often easier to win.
If you or someone you love has taken Pradaxa and experienced negative side effects, please contact a qualified Pradaxa attorney right away. Visit the Pradaxa Internal Bleeding Class Action Lawsuit Investigation page to get the help you need.
Updated August 10th, 2012
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