NEW ORLEANS — A consumer has filed suit against several defendants for alleged breach of express and implied warranties, fraudulent misrepresentation and concealment, fraud and deceit.
Joan Maxwell filed a complaint June 3 in U.S. District Court for the Eastern District of Louisiana against Janssen Research & Development LLC, Janssen Ortho LLC, Janssen Pharmaceuticals Inc., Johnson & Johnson Company, Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG, Bayer Corp., Bayer Healthcare LLC, Bayer Healthcare AG and Bayer AG, alleging that the drug manufacturers violated the unfair trade practices and consumer protection law.
According to the complaint, the plaintiff alleges that she used Xarelto from approximately August 2013 to December 2014, upon direction of her physician for the treatment of atrial fibrillation. As a result of using the drug, she was caused to suffer serious and dangerous side effects including life-threatening bleeding, as well as other severe and personal injuries that are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life, economic and non-economic damages and incurred medical expenses.
The plaintiff holds Janssen Research & Development LLC, Janssen Ortho LLC, Janssen Pharmaceuticals Inc., Johnson & Johnson Company, Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG, Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare AG and Bayer AG responsible because the defendant allegedly designed, researched, manufactured, tested, advertised, promoted, marketed, distributed and sold Xarelto; failed to properly investigate, research, study and define the safety of the drug's profile; failed to adequately test it or provide adequate warnings; failed to disclose the need for dose adjustments; and failed to provide adequate instructions on the drug's use.
The plaintiff requests a trial by jury and seeks compensation for damages in excess of the jurisdictional amount, economic damages, exemplary damages, pre-judgment and post-judgment interest, attorneys’ fees and costs and such other and further relief as the court deems just and proper. She is represented by Joseph T. Waechter and Michael Goetz of Morgan & Morgan Complex Litigation Group in Tampa, Florida.
U.S. District Court for the Eastern District of Louisiana case number 2:16-cv-08046