By Paul Tassin  |  November 16, 2015

Category: Legal News

benicarA Michigan woman has joined the multidistrict litigation consolidated in a New Jersey federal court over the side effects of Benicar.

Plaintiff Kimberly B. says she started taking Benicar HCT  in January 2011, then later developed chronic diarrhea and Crohn’s disease. She claims these complications developed as a result of her treatment with Benicar HCT.

Kimberly’s Benicar lawsuit is one of several others combined into a single multidistrict litigation, or MDL, in a federal court in New Jersey.

The federal court system sometimes consolidates similar cases into an MDL when doing so would result in a more efficient discovery process. Unlike a class member in a Benicar class action lawsuit, each plaintiff in the MDL maintains their own individual Benicar lawsuit separate from other plaintiffs’ claims.

What is Benicar?

Benicar is a medication used to treat high blood pressure. Also known by the generic name olmesartan, Benicar has been on the market since first being approved by the FDA in 2002.

Benicar HCT, the medication Kimberly took, is a combination of olmesartan and hydrochlorothiazide, another medication used to treat cardiovascular conditions. Other similar combinations include Azor (olmesartan and amlodipine) and Tribenzor (olmesartan, amlodipine and hydrochlorothiazide). All three of those formulations are at issue in the Benicar MDL, in addition to Benicar itself.

Benicar Side Effects

The problem with Benicar that plaintiffs are alleging in their Benicar lawsuits is the link between Benicar and celiac disease symptoms. According to the MDL’s master long form complaint, plaintiffs claim Benicar led to the development of serious gastrointestinal conditions such as sprue-like enteropathy and villous atrophy.

These conditions can mimic the symptoms of celiac disease. Plaintiffs report experiencing an array of symptoms including chronic diarrhea, weight loss, malnutrition, and dehydration. Some develop gastritis or colitis.

The plaintiffs are now alleging that Benicar and other olmesartan-based drugs are defective and dangerous products. They say that manufacturer Daiichi Sankyo Inc. and its related companies knew about the risks of Benicar side effects yet failed to properly warn patients and doctors about those risks.

Forest Laboratories LLC and its related companies are also named as defendants. The Forest defendants allegedly promoted Benicar, Benicar HCT and Azor according to a co-promotion agreement with Daiichi Sankyo.

Plaintiffs point to an April FDA Drug Safety Communication warning about the casual relationship between olmesartan and sprue-like enteropathy. With this announcement, the agency approved changes to the labeling of Benicar in order to address this problem.

The FDA recommends that olmesartan treatment be discontinued in individuals who experience symptoms of sprue-like enteropathy without any other obvious cause.

The MDL’s master long form complaint offers plaintiffs the option of bringing several different claims based on a variety of legal theories including defective design, failure to warn, fraud, and breach of warranty. Each plaintiff also has the option of bringing additional claims under state consumer protection laws that may apply to their particular case.

The Benicar Lawsuit is Case No. 1:15-cv-07299-RBK-JS and MDL No. 2606 in the U.S. District Court for the District of New Jersey, Camden Vicinage.

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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