The U.S. Judicial Panel on Multidistrict Litigation heard oral arguments in San Diego on March 26 over whether to consolidate all federally-filed Benicar lawsuits.

In late December 2014, a motion was filed requesting the establishment of a federal multidistrict litigation (MDL) for all federal Benicar lawsuits concerning side effects allegedly caused by the blood pressure drug.

Each of the cases raises similar claims that Forest Laboratories and Daiichi Sankyo failed to adequately warn the medical community and users that the blood pressure drug may cause the development of gastrointestinal problems, including sprue-like enteropathy.

According to the plaintiff’s motion for the creation of a Benicar MDL: “Centralization will conserve financial resources of the courts as one federal judge, rather than many federal judges will resolve issues related to discovery, expert witnesses, and other common issues between the case.”

In addition, “centralization of the federal cases will make it easier for the New Jersey state court judge (and potentially future state court judges) to coordinate with one federal judge, as opposed to attempting to coordinate with multiple federal judges across the country.”

Benicar Overview and Risks

Benicar is a medication designed to treat high blood pressure and lower a patient’s risk of heart attack and stroke. According to Benicar injury attorneys, Benicar lawsuits increased following the requirement by the U.S. Food and Drug Administration (FDA) to update the product’s warning label in July 2013 to reflect an increased risk of sprue-like enteropathy.

The FDA was concerned that Benicar use may cause chronic diarrhea, weight loss, abdominal pain, and other Benicar side effects, which may not surface for months or years after the patient begins to take the drug.

In some cases, Benicar side effects have been misdiagnosed as Celiac disease, resulting in continued use of the drug, which could leave patients with long-term intestinal damage.

Benicar Lawsuit Update

Plaintiffs argue that consolidation of all federally-filed Benicar lawsuits would help to prevent contradictory pretrial rulings that could otherwise be reached by various courts, reduce duplicative discovery, and to make the process more efficient for the courts, witnesses, and all parties involved.

Both Forest Laboratories and Daiichi Sankyo, which jointly market and manufacture Benicar and other olmesartan-containing blood pressure medications, oppose the centralization of Benicar lawsuits. The manufacturers claim the various Benicar lawsuits are already in different stages of litigation, and that consolidation could hamper progress.

Attorneys representing current Benicar plaintiffs speculate that Benicar lawsuits will continue to increase, as more studies reveal the connection between the controversial blood pressure medication and severe gastrointestinal problems, such as dramatic weight loss, chronic diarrhea, and intestinal damage.