Unfortunately, Xeljanz Can Lead to a Wrongful Death

Xeljanz is one of the most recent in a long line of prescription medications involved in dangerous drug lawsuits. While the U.S. Food and Drug Administration (FDA) initially approved Xeljanz for rheumatoid arthritis treatment in 2012 (and then again for psoriatic arthritis and ulcerative colitis in 2017 and 2018, respectively), more findings have emerged that warn about the dangers of Xeljanz.

In early 2019, the FDA released a Drug Safety Communication statement that announced the findings of an interim analysis of a study they began in 2012. In their statement, the FDA detailed that taking a 10mg dose of tofacitinib (the active ingredient in Xeljanz) twice a day led to an increased risk of blood clots and even death.

While Pfizer (Xeljanz’s manufacturer) initially reported several potential side effects, they did not warn anyone about blood clots. Whether they knew about them and failed to warn anyone or were clueless, they are still to blame for the injuries.

In some instances, Xeljanz has led to the untimely death of many patients. These deaths led to many wrongful death cases. Due to the nature of these lawsuits, it helps to have the aid of a wrongful death attorney.  If you lost a loved one due to the side effects of Xeljanz, contact Wormington & Bollinger and let us fight for the justice you deserve.

What are Wrongful Death Cases?

Wrongful death cases differ from dangerous drug lawsuits. While they both include a defective product that leads to injuries, one leads to the untimely demise of a patient. Unfortunately, there is nothing we can do to bring back your lost loved one. And no amount of money can make up for their absence or the loss you feel.

However, you are well within your rights to seek damages and justice for your loss. There are many damages available to you when it comes to a wrongful death lawsuit. You are able to file a wrongful death claim if someone else’s recklessness or negligence led to the unexpected death of a loved one.

Chapter 71 of the Texas Civil Code states that you can file a wrongful death case if someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default” resulted in the person’s death. In this instance, you can hold Pfizer liable for the loss of a loved one.

In the FDA’s interim analysis, the results identified 45 cases of death in patients who took a 10mg dose of Xeljanz twice a day. While the FDA has now implemented a black box warning on the drug, many lawsuits (both dangerous drug and wrongful death) continue to emerge.

Filing a Wrongful Death Claim

You take prescription medication because you hope that it will treat a condition or illness that plagues you. Nobody expects this prescription to do more harm than good. However, that happens more often than we would like. Xeljanz is one of the recent medications to lead to adverse reactions.

If your loved one was taking Xeljanz and lost their life due to the side effects of the drug, you are well within your rights to file a wrongful death claim against Pfizer. To file a lawsuit in Texas, you must be an immediate family member of the deceased, which includes spouses, children, and parents. Also, adopted parents can file a wrongful death claim for the loss of their child. A single member or the entire family can file a lawsuit.

To ensure the success of your claim, you must prove that:

  • Your loved one died
  • Their death was the result of Xeljanz’s side effects
  • Surviving family members have suffered financial hardship due to the loss

Losing a loved one is hard enough, but adding a wrongful death lawsuit to the mix can make things worse. However, the statute of limitations in Texas for a wrongful death lawsuit is two years from the date of the death. While grieving is a natural and essential part of losing a loved one, you should act fast to ensure you and your family secure the compensation you deserve.

What Damages Can You Recover?

Once you have determined that Xeljanz’s side effects led to the death of a loved one, it is time to move forward with your wrongful death case. One of the main points of discussion you’ll have with an attorney is about damages.

As we stated earlier, no amount of money will make up for the loss you have experienced. However, hopefully, the damages you recover in wrongful death cases can ease some stress you may have in the future.

Wrongful death cases differ from personal injury lawsuits. After all, instead of awarding the victim, these cases focus on compensating the victim’s close family. The damages you can recover vary from state to state. Some of the compensations you can recover from Pfizer after filing a wrongful death lawsuit include:

  • Funeral and burial expenses
  • Loss of income (both present and future)
  • Loss of consortium (a spouse, child, or other family member’s loss of the deceased’s love and companionship)
  • Pain and suffering
  • Loss of benefits (such as healthcare and pension)
  • Loss of inheritance
  • Punitive damages (these damages are not a direct compensation to you, but rather a punishment to the defendant to discourage these actions in the future if they are found to be exceptionally negligent)

The damages you collect depend on a host of factors. When filing a Xeljanz lawsuit against Pfizer, you must prove that their drug led to side effects that took your loved one’s life.

Wrongful death cases are difficult for many reasons. However, with the help of a trusted attorney, you can spend more time healing while your wrongful death attorney fights for the justice you deserve. If a loved one was taking Xeljanz and died due to one of its side effects, contact Wormington & Bollinger today and let us fight for you.