If you or a loved one took Xarelto (rivaroxoaban) and suffered a serious adverse side effect, one of your first thoughts might be to see if it’s possible to join a class action. This impulse makes sense; class action lawsuits can deliver substantial compensation to people injured by the same drug, and they don’t require much commitment by most plaintiffs. However, there are compelling reasons for Xarelto users to file an individual lawsuit rather than join a class action.
Terms of Compensation Better With Individual Xarelto Lawsuits
The problem with class actions for personal injury cases is that they typically result in lump sum payments that are usually divided among the victim plaintiffs on a per capita basis. This type of compensation scheme works best in situations like shareholder derivative lawsuits against corporate executives; because no one shareholder is injured any more than another, it’s logical to divide the compensation on a per share basis. The same is true for other situations where the injury to the plaintiffs is mostly equal.
For personal injury lawsuits, however, the injuries to the plaintiffs can vary quite significantly. As a result, a per capita lump sum payment from a class action might not be fair. Some plaintiffs might have been injured more severely than others, so they might end up under-compensated. Other plaintiffs who weren’t so badly injured might gain a windfall.
An individual lawsuit is the best way to obtain compensation for a Xarelto injury because the damages award or settlement will be tailored to the plaintiff’s injuries. If many people were injured by Xarelto, then instead of joining a class action, what they will probably do is try to form a multidistrict litigation (MDL) or state-court equivalent. MDL allows plaintiffs with similar injuries to pool their resources through the pretrial phase of the litigation. They share information collected from the defendant, and they will be able to gauge the value of their cases after bellwether trials are conducted. Then they can choose to go to trial themselves or settle out of court. Meanwhile, the defendant would be able to conserve its resources by facing a collective group of opponents rather than many plaintiffs individually. The courts benefit from case centralization as well. At this time, however, no Xarelto MDL has been formed.
The Rottenstein Law Group Has the Resources to File Individual Xarelto Lawsuits
If you or a loved one took Xarelto and suffered an injury, then you might be interested in filing an individual lawsuit against its manufacturers. The compensation amount can include damages for full medical expenses, lost earnings, pain and suffering, and other damages. The Rottenstein Law Group has the resources to represent you. For a free, confidential legal consultation with a Xarelto lawyer from RLG, call 1-800-624-9566 or click on this link.
Read about Class Actions: http://en.wikipedia.org/wiki/Class_action