Paul Tassin  |  September 22, 2016

Category: Legal News

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Benicar-Stomach-ProblemsA Mississippi man says his Benicar stomach problems resulted from a lack of warning about the blood pressure medication’s side effects.

Plaintiff Walter M. says he developed severe gastrointestinal symptoms after he began to take Benicar HCT sometime in 2012.

He describes coming down with sprue-like enteropathy, a condition that resembles celiac disease and that is a known possible side effect of Benicar.

Walter says symptoms of his Benicar stomach problems included diarrhea, nausea, vomiting, malabsorption, malnutrition and dehydration, among others.

He also claims his condition required him to incur new medical expenses for additional treatment.

Plaintiffs in MDL Allege Benicar Stomach Problems

Walter’s Benicar lawsuit is part of the Benicar multidistrict litigation, or MDL, that is pending in a federal court in New Jersey.

This MDL is a collection of several individual claims alleging that the makers of Benicar failed to adequately warn patients about the risks of sprue-like enteropathy.

Benicar is manufacturer Daiichi Sankyo’s brand name for olmesartan, a drug used to treat high blood pressure.

It’s one of a class of hypertension drugs known as angiotensin II receptor blockers. Benicar first earned FDA approval for U.S. sales in 2002.

The Benicar HCT that Walter says he took is a combination of olmesartan with hydrochlorothiazide, a different blood pressure medication.

Also at issue in the Benicar MDL are two other medications that combine olmesartan with other drugs: Azor, a combination of olmesartan and amlodipine, and Tribenzor, a combination of olmesartan, amlodipine and hydrochlorothiazide.

Daiichi refers to all these olmesartan products as the “Benicar Family,” according to the master long form complaint for the Benicar MDL.

Forest Laboratories is also a named defendant in the Benicar MDL.

Plaintiffs allege that in 2002, Daiichi and Forest entered into an agreement to co-promote Benicar and Benicar HCT and to share profits from the drugs’ sales.

Forest allegedly marketed olmesartan products in exchange for a 45 percent share of their related profits.

Plaintiffs in the MDL generally allege they suffered Benicar stomach problems or other side effects after taking drugs in the Benicar Family.

They claim defendants Daiichi Sankyo and Forest Laboratories neglected to offer them an adequate warning about the association between olmesartan and Benicar stomach problems such as sprue-like enteropathy.

They cite a drug safety communication issued by the FDA in 2013, warning that olmesartan-based drugs could cause sprue-like enteropathy.

The agency said it had received 23 reports of cases in which patients taking olmesartan suffered severe diarrhea with significant weight loss and whose symptoms improved when they stopped taking olmesartan.

The FDA’s communication also referred to research by the Mayo Clinic that reported similar results in the cases of 22 other patients.

In Warren’s individual Benicar lawsuit, he raises claims based on theories of fraud, negligence, misrepresentation, defective design, failure to warn, breaches of express and implied warranties, and violation of Mississippi state consumer protection laws.

He seeks a damage award that includes both compensatory and punitive damages to discourage similar future conduct by the defendants. He also seeks reimbursement of his court costs and attorney’s fees.

The Benicar Stomach Problems Lawsuit is Case No. 1:16-cv-05119, and is filed in the Benicar MDL In re: Benicar (Olmesartan) Products Liability Litigation, MDL No. 2606, in the U.S. District Court for the District of New Jersey.

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