Plaintiff Francis Marie S., a citizen of the state of Texas, joined multidistrict legislation No. 2606 with the filing of her Benicar lawsuit against Daiichi Sankyo, Forest Laboratories and affiliated companies of both organizations.
The defendants are the developers, makers and distributors of Benicar, generically known as olmetsartan. The plaintiff claims she has suffered Benicar chronic diarrhea, irritable bowel syndrome (IBS) and nausea as a result of ingesting Benicar since 1997. She is currently 67 years old.
Benicar, which comes in 5, 20, and 40 mg tablets, was approved by the Food and Drug Administration (FDA) in the spring of 2002. The primary treatment focus of Benicar is to bring down the prescribed patient’s abnormally high blood pressure or to prevent high blood pressure from occurring in the first place.
Benicar Chronic Diarrhea
Benicar chronic diarrhea is a known adverse effect of taking medications with olmetsartan. This side effect is believed to stem from a condition known as sprue-like enteropathy.
This condition, rather than coming on immediately after starting to take the medication, can develop after being under treatment for years.
Benicar chronic diarrhea can sometimes get so bad as to cause significant weight loss and require hospitalization. In cases where no immediate cause of the symptom has been found, stoppage of the drug has resolved this adverse medical condition.
In early July of 2013, the FDA issued a Drug Safety Communication warning regarding Benicar chronic diarrhea and other symptoms of sprue-like enteropathy.
A count completed the year before in 2012 revealed that 1.9 million patients had been treated with Benicar or related drugs for hypertension. In the legal documentation, the plaintiff states that the defendants, if they had been reasonable cautious and diligent in their testing process and scientific method, would or should have known about this potentially dangerous problem.
Contrary to mounting post-approval evidence of the relationship between Benicar and intestinal problems such as Benicar chronic diarrhea, IBS and nausea, Daiichi Sankyo spent nearly $1 billion dollars on advertising and promotions for the anti-hypertensive drug for the six-year period between 2002 and 2008.
According to this Benicar chronic diarrhea lawsuit, it is estimated that 45 million people are under treatment for hypertension at any given time. This makes this class of drugs highly profitable.
The plaintiff, Francis Marie S., brings the following counts against the defendants: Counts 1 & 2 – Products liability – design defect and failure to warn; Counts 3-7 – Negligence – gross negligence, negligence, negligence per se, negligent misrepresentation, negligent design; Counts 8-10 – Fraud – fraudulent concealment, constructive fraud, fraud; Counts 11 & 12 – Breach – breach of express warranties, breach of implied warranties; Count 13 – Unjust enrichment; Count 14 – Violation of consumer protection laws of the State of Texas.
The complainant is seeking a jury trial with awards made to her consisting of punitive and compensatory damages, and all attorney and court fees and costs reimbursed as the court sees fit.
The Benicar Chronic Diarrhea Lawsuit is Case No. 1:17-cv-04503-RBK-JS, in the U.S. District Court for the District of New Jersey, Camden Vicinage.
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