A federal judge in New Jersey granted drug maker Daiichi Sankyo permission to hire the prescribing doctors of plaintiffs in the Benicar lawsuits multidistrict litigation (MDL) to serve as experts for the Defendants.
These Benicar lawsuits similarly allege that the drug company failed to warn about serious gastrointestinal Benicar side effects.
However, the Benicar drug manufacturer was not granted permission to impose restrictions on the doctors’ ex parte communications with the plaintiff patients and their respective attorneys, and the doctors can choose to communicate with the parties in an unrestricted manner.
According to Benicar litigation documents, Daiichi Sankyo sought permission for the two measures from the judge to prevent the plaintiffs’ attorneys from engaging in a practice known as “woodshedding.”
Woodshedding refers to counsel improperly coaching a witness in order to have the witness respond favorably. Daiichi Sankyo claimed it wanted to prevent the plaintiffs’ lawyers from manipulating the doctors’ recollection of patient events, thereby tainting the testimony to come.
Benicar Lawsuits Consolidated in Multidistrict Litigation
Because there were so many Benicar lawsuits against Daiichi Sankyo that target the popularly prescribed antihypertensive medication, the Judicial Panel on Multidistrict Litigation (JPML) consolidated these Benicar lawsuits under U.S. District Judge Robert B. Kugler in the U.S. District Court for the District of New Jersey last April.
Approximately 1300 cases are currently pending in the litigation over the controversial blood pressure medication that has been alleged to cause severe gastrointestinal side effects in patients.
The cases were consolidated to streamline the process on such a large number of Benicar lawsuits with similar allegations. Rather than the proceedings taking place all over the country, the MDL allows the pretrial discovery to occur at a single location, conserving resources and time.
Twenty bellwether cases will be selected in the Benicar MDL to serve as a representative group that will determine the direction of future litigation. Since the cases are under the same judge, there is more consistency in the rulings and outcomes of the cases.
Alleged Benicar Side Effects
Benicar (olmesartan) has been reported to cause a number of side effects in patients. Most Benicar side effects are gastrointestinal in nature.
One of the most common Benicar side effects is a condition called sprue-like enteropathy. This is a condition where a patient exhibits many symptoms like those of Celiac disease, a severe gluten intolerance, but the testing comes back negative for the disease.
Sprue-like enteropathy can cause severe diarrhea, abdominal pain, bloating, fatigue, nausea, vomiting, and can be devastating. Many patients who develop sprue-like enteropathy experience such severe symptoms that they can become unable to work and have difficulty with normal daily functioning.
Weight loss and malnourishment is common, as is severe weight loss. Dehydration and electrolyte imbalances are also common since the body is not able to properly absorb nutrients. For some, the condition may improve, and for others, the damage from Benicar side effects is more permanent even after discontinuing the drug.
Filing Benicar Lawsuits
Patients and their loved ones may be able to file Benicar lawsuits against Daiichi Sankyo if they have experienced severe gastrointestinal Benicar side effects after using the medication. An experienced Benicar attorney is available to provide free case reviews and can discuss the possibilities of filing a lawsuit to recover damages.
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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