Pradaxa Lawsuit

Pradaxa (Dabigitran Etexilate) is an anticoagulant manufactured by Boehringer Ingelheim. The drug was initially made available for distribution in October, 2010. Pradaxa was marketed as a superior alternative to warfarin (Coumadin) because it worked more rapidly and required less monitoring. However, unlike warfarin (Coumadin), there is no antidote available to stop internal bleeding from exposure to Pradaxa. Coumadin requires regular monitoring; however, if Coumadin causes an internal bleed, the effects of Coumadin can often be reversed with the administration of Vitamin K.

Tennessee resident, Charles Jackson, has filed a lawsuit alleging he suffered uncontrolled intestinal bleeding after being on the drug Pradaxa for merely three weeks. Jackson, 75, is a retired truck driver from Hohenwald, Tennessee. He is among hundreds of patients who have filed lawsuits against the drug’s manufacturer, Boehringer Ingelheim, a German Company. It has been alleged that the drug has serious side effects including, but not limited to, Cerebral Hemorrhage (Brain Bleeds), Abdominal Hemorrhage (Stomach Bleeds) and Death from internal bleeding. Mr. Jackson’s case will be consolidated with all other Pradaxa cases to streamline discovery in the Federal District Court for the Southern District of Illinois.

All Federal Pradaxa lawsuits have been consolidated into what is known as Multi District Litigation (MDL). An MDL is generally used in cases that are complex and potentially impact a large number of people. Obviously, these Pradaxa claims meet both of those requirements. The Judge overseeing the MDL will handle all discovery and pretrial motions for the litigation. The purpose of the MDL is to provide consistent court rulings, insure the cases move promptly and manage resources during the first phases of the litigation. If the cases are not resolved during this first stage of litigation, the cases will be remanded back to the court where they were originally filed for trial. As such, the Tennessee Pradaxa cases that we file would return to the appropriate courts here for a jury trial.

The Pradaxa MDL was created by a Federal Court Order in August, 2012. It is set in the Southern District of Illinois. The cases in the initial Pradaxa MDL include cases that have alleged the following injuries as a result of the drug:

• Gastrointestinal Bleeding
• Hemorrhages
• Heart Attacks and/or Myocardial Infarctions

The Judge in the case will be David R. Herndon. This is the same judge assigned to the Yasmin and Yaz MDL which began in 2007. There are currently more than 8,800 lawsuits pending in the Yaz/Yasmin MDL. Judge Herndon has obtained a reputation as a fair judge and is expected to move the litigation forward in an efficient manner.

The lawyers representing Boehringer filed a Motion to Dismiss the initial lawsuits filed on the grounds that the medical warning label contained ample information related to the potential of fatal bleeding caused by Pradaxa. In denying Boehringer’s Motion, Judge Herndon ruled that the risk of internal bleeding was not the sole complaint about the drug by citing the drug maker’s failure to address concerns or educate users and prescribers about the lack of a reversal agent. The Court issued its Order on July 25, 2012 denying the motion.

On July 17, 2012, a Case Management Order was issued by Judge Herndon setting forth the makings of a discovery schedule. The Order sets an initial hearing for October 3, 2012 to discuss procedural matters and establish initial discovery deadlines. The order indicates trials should start in 18 to 24 months.