NEW ORLEANS — A Georgia man is suing a group of drug companies involved with the production and sale of Xarelto, alleging warranty breach and fraud.
Joel Arcuri filed a lawsuit April 13 in U.S. District Court for the Eastern District of Louisiana against
Janssen Research & Development LLC, Janssen Ortho LLC, Janssen Pharmaceuticals Inc., Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG, Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare AG and Bayer AG,
alleging they violated the Georgia Fair Business Practice Act with fraudulent concealment, misrepresentation and negligent misrepresentation.
According to the complaint, Arcuri he began using Xarelto in September 2014, upon the direction of his physician for the treatment of stroke prevention in atrial fibrillation. On or about Jan 4, 2015, the suit says, he experienced gastrointestinal bleeding and was hospitalized for about four days.
As a direct and proximate result of the use of Xarelto, the lawsuit states, he has suffered serious and dangerous side effects including life-threatening bleeding, severe and personal injuries that are permanent and lasting in nature, physical pain and mental anguish, diminished enjoyment of life, hospitalization and medical expenses.
The plaintiff alleges the defendants designed, researched, manufactured, tested, advertised, promoted, marketed, distributed and sold Xarelto. They also allegedly failed to properly investigate, research, study and define the safety profile of Xarelto, failed to adequately test Xarelto, failed to provide adequate warnings, failed to disclose the need for dose adjustments, failed to disclose the need to twice daily dosing, and failed to provide adequate instructions.
Arcuri seeks more than $75,000 in damages, trial by jury, pre-judgment and post-judgment interest, reasonable attorney fees and legal costs, and other such relief as the court deems proper. He is represented by attorneys Roger C. Denton, Kristine K. Kraft and Ashley Brittain Landers of Schlichter Bogard & Denton in St. Louis.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-03041