Robert J. Boumis  |  December 27, 2014

Category: Legal News

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benicarA Benicar lawsuit has been filed against a Japanese pharmaceutical manufacturer by an Oregon man who alleges that their drug Benicar (olmesartan) caused him a host of painful complications and side effects that he endured for five years.

This Benicar lawsuit was filed by plaintiff James M. in December 2014, alleging that the makers of the drug caused him to suffer from “sprue-like enteropathy” for years before his doctors discovered that Benicar may have caused his symptoms.

James M.’s physicians prescribed him the drug in 2009 to treat his high blood pressure condition. Shortly afterwards, he began to suffer from serious digestive problems. His physicians termed his illness “sprue-like enteropathy,” which encompasses a variety of related GI problems. For example, sprue-like enteropathy includes symptoms mimicking celiac disease and irritable bowel syndrome. Though many cases of celiac disease and related illnesses respond to strict exclusion diets, a subset of patients do not respond to treatment and continue to suffer, despite medical intervention. The celiac diagnoses may have inadvertently masked the possibility that the plaintiff’s GI symptoms were caused by Benicar.

James continued to suffer from debilitating digest problems for five years. He allegedly experienced chronic diarrhea, which did not respond to treatment. Contrary to popular belief, chronic diarrhea is a serious, debilitating medical condition. In James’ case, the plaintiff suffered from dehydration and weight loss from his illness. According to the text of the Benicar lawsuit, it was not unitl 2014, nearly five years after his original Benicar prescription, that the plaintiff’s doctors even suspected that Benicar was the cause of his sprue-like enteropathy. Once he stopped taking the olmesartan drug, James’ GI symptoms fully resolved.

History of Benicar GI Side Effects

According to the Benicar lawsuit, Daiichi Sankyo Incorporated (and several related companies named as defendants) were aware, or should have been reasonably aware, of the risk of sprue-like enteropathy associated with Benicar. The Benicar lawsuit points out that the U.S. Food and Drug Administration (FDA) eventually issued a Drug Safety Communication on the Benicar GI symptoms in the middle of 2013,  based on peer-reviewed medical papers and postmarket reports dating back years before the FDA Benicar drug notice.

The Benicar lawsuit claims that Daiichi Sankyo had a duty to thoroughly test the drug and monitor for reports of patient complications. This Benicar lawsuit holds that James M. suffered needlessly for years because the medical community as whole had no way of knowing the drug could cause sprue-like enteropathy until 2013 at the earliest.

The Benicar lawsuit also alleges Daiichi Sankyo aggressively promoted the drug, spending a total of 1 billion dollars on marketing and related costs, despite several clinical trials that suggested Benicar might not be particularly effective and carried additional risks. The Benicar lawsuit cites specific clinical trials that allegedly cast doubt on the drug’s effectiveness in treating hypertension.

Due to the combination of alleged negligence and fraud, James M. seeks compensation for medical costs, lost wages, and other costs allegedly incurred due to his Benicar side effects.

The Benicar IBS Lawsuit is Case No. 1950, in the U.S. District Court for the District of Oregon, Portland Division.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Benicar class action lawsuit is best for you. [In general, Benicar lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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