The Judicial Panel of Multidistrict Litigation (JPML) is being asked to consolidate the multiple Benicar lawsuits filed against Daiichi Sankyo and Forest Laboratories into a Benicar MDL. The arguments in favor and against consolidation will be heard by the U.S. JPML in San Diego on March 26, 2015.

The motion to consolidate the numerous Benicar lawsuits over undisclosed side effects such as diarrhea and other gastrointestinal problems was originally filed on Dec. 18. Named plaintiff Annette J. led the motion to consolidate the 15 Benicar lawsuits filed in federal courts and the 30 Benicar lawsuits filed in New Jersey.

The Benicar MDL motion stated, “pretrial centralization allows defendants to work with one consolidated set of discovery requests and filings from plaintiffs’ counsel in federal cases, rather than negotiating with various counsel and courts across the country.” 

The motion also argued that, “separate, unconsolidated pretrial proceedings in the federal cases that have been and will be filed would greatly increase the costs of this litigation for all parties, waste judicial resources, and create a significant risk of inconsistent rulings on these common questions of fact.”

Benicar makers, Daiichi Sankyo and Forest Laboratories, said that they were against the consolidation of Benicar lawsuits into a MDL because of the the lawsuits are currently in different stages. If consolidated, the legal process could take longer and ruin the progress made in some Benicar lawsuit, they added.

Benicar Side Effects

Plaintiffs in Benicar lawsuits alleged that the drug used to treat high blood pressure actually caused them to develop serious symptoms such as:

• Celiac disease symptoms
• Diarrhea symptoms
• Sprue-like enteropathy (chronic diarrhea associated with dehydration, malnutrition, and weight loss)
• Villous Atrophy (permanent intestinal damage)

Some plaintiffs experienced significant weight loss and malnutrition due to the severity of diarrhea and sprue-like enteropathy. Many were hospitalized because of alleged benicar side effects. Benicar side effects may arise months or years after a patients began using the blood pressure medication.

In July 2013, the FDA required the defendants to change Benicar’s warning label to include the risk of sprue-like enteropathy after many users complained of diarrhea symptoms and experienced weight loss and abdominal pain. Many patients have also suggested  that Benicar side effects caused many patients to be misdiagnosed with Celiac disease due to the possible similarity in symptoms.

Following the FDA announcement, many Benicar lawsuits were filed against the manufacturers. Benicar lawsuits accused Daiichi Sankyo and Forest Laboratories of failing to adequately warn against these severe side effects.

Millions of individuals have been prescribed Benicar and may be at risk for severe Benicar side effects.

Arguments for and against Benicar lawsuit consolidation will be heard by U.S. Judges James M. Carter and Judith N. Keep in the U.S. Courthouse in San Diego on March 26.