Sioux Falls woman awarded funds in Xarelto lawsuit still awaits payment after nearly two years

Published: Feb. 22, 2021 at 10:06 PM CST
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SOUTH DAKOTA - A Sioux Falls resident says she has been caught in limbo for nearly two years, after joining and winning a lawsuit.

Lu Molohon has recovered from her health crisis, but the money she says is missing from winning a lawsuit makes her feel sick.

“I started having health problems, and so I went to the doctor and they end up putting me on Xarelto. But the Xarelto caused bleeding up in my head, somehow, it was dripping down my eyes,” said Molohon.

Doctors stopped the internal bleeding and laser eye surgery repaired the internal bleeding. Later, she accepted an invitation to join others claiming the drug caused serious side effects.

“I got involved in a lawsuit then, against Xarelto,” said Molohon.

Lu has paperwork from the Texas law firm confirming she was among 30,000 others in the suit, awarded $775 million. That was March of 2019.

“They were going to give me $1,854 minus costs,” said Molohon.

With every call last summer, Lu said she was told the check was in the mail. Last fall, her calls went straight to voicemail, with no response.

“I mean my patience is wearing out,” said Molohon.

We looked for more insight to understand Lu’s situation. Although he did not work on Lu’s case, Attorney Scott Abdallah has represented a group in a class-action lawsuit involving motel franchise fees.

“That took almost five years of litigation before it was resolved,” said Abdallah.

All those clients, research, and court matters take time.

“We were ultimately able to secure a settlement for all 160 motel owners,” said Abdallah.

Abdallah says Lu’s situation is not a class-action lawsuit, but an MDL- multi-district litigation lawsuit.

“Federal civil cases from across the country are transferred to one Federal District Court, to manage all of the litigation. And MDL’s usually involve cases that relate to dangerous prescription drugs defective products that have injured large numbers of people,” said Abdallah.

The South Dakota Attorney General’s office sent a request for information on Lu’s behalf. Chief of Staff of the South Dakota Attorney General’s Office, Tim Bormann, describes resources available to South Dakotans. Services are offered before a resident signs on the dotted line and if they run into issues later.

“We have the Consumer Protection Division, fully staffed with professionals who are here to take your calls look into issues,” said Bormann.

Through a response from the Texas law firm to the Attorney General’s office, Lu was told again, the payment is in process.

“To contact us again we’d reach out to that law firm again, and the odds are we’d get the same answer,” said Bormann.

Nearly two years after the settlement was reached, Lu continues to look for the check in her mailbox.

“Please before you fill anything like that out before you submit it, contact our Consumer Protection Division that’s where they do their best work they can check it out. They have resources to find out if these are valid class-action lawsuits,” said Bormann.

Another way to check out a law firm is just a click away.

“Even just a general Google search. I mean a lot of law firms now, in today’s day and age, will have reviews that can be posted based upon clients that have been represented by the firm,” said Abdallah.

Does she feel like she’s been robbed?

“Yes! In fact, it says I have to pay attorney costs and stuff. I’m thinking, he’ll probably send me a bill,” said Molohon.

Dakota News now reached out to the Texas law firm handling the Xarelto case. There was no response to an invitation for an interview.

Copyright 2021