A Florida couple filed a new Benicar HCT lawsuit in the U.S. District Court for the District of New Jersey, joining a multidistrict litigation addressing the adverse effects of Benicar.
Benicar HCT Lawsuit Sparked by Severe Side Effects
The plaintiffs, Victor M. and Linda S., are bringing this Benicar HCT lawsuit against Daiichi Sankyo and Forest Laboratories as well as all affiliated companies of both corporations.
As indicated in the short-form legal complaint, Victor M. began taking Benicar HCT, an olmetsartan product, in the summer of 2012. As a result of his treatment with this medication, he alleges pain and suffering in the form of chronic diarrhea, malnutrition, rapid weight loss, villous atrophy, and dehydration.
Victor says he was hospitalized because of these side effects. His partner alleges a loss of consortium with these health issues and adds her name to this Benicar HCT lawsuit.
In the master complaint for this Benicar HCT lawsuit, it states that Benicar HCT was approved for market by the Food and Drug Administration on June 5, 2003 for the treatment or prevention of high blood pressure. For the six years between 2002 and 2008, Daiichi and Forest were noted to have spent upwards of $1 billion in advertising.
Because of a statistically high number of hypertension sufferers in the U.S., the promotion of this product had the potential of directly or indirectly affecting tens of millions of people.
Plaintiffs allege the advertising was misleading, in that it touted the drug’s efficacy but failed to adequately mention the extensive adverse medical events being reported that included development of sprue-like entropy, severe diarrhea, and extreme weight loss.
Like their predecessors, the plaintiffs in this particular Benicar HCT lawsuit have come forward to hold the defendants accountable for allegedly misleading the public and failing to ascertain through proper testing what the actual risks were of the active ingredient.
The plaintiffs, Victor M. and Linda S. bring the following counts against the Daiichi Sankyo and Forest Laboratories Defendants: Counts 1 & 2 Products Liability – Design Defect, Failure to Warn; Counts 3-7 Negligence – Gross Negligence, Negligence, Negligence Per Se, Negligent Design, Negligent Misrepresentation; Counts 8-10 Fraud – Fraudulent Concealment, Constructive Fraud, Fraud; Counts 11-12 Breach – Breach of Implied Warranty, Breach of Express Warranty; Count 13 Unjust Enrichment; Count 14 Violation of the Consumer Protection Laws of the State of Florida; Count 15 Loss of Consortium; Count 18 Punitive Damages.
The complainants are asking for a trial by jury with a favorable judgement on their behalf that includes punitive and compensatory damages that include the court and attorney’s fees, and any interest.
The Benicar HCT Lawsuit is Case No. 1:17-cv-04841-RBK-JS, in the U.S. District Court for the District of New Jersey, Camden Vicinage.
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