The list of bellwether plaintiffs in the Benicar multidistrict litigation (MDL) has been reduced to 10, but the first trial has been pushed back to 2017.
Free Confidential Lawsuit Evaluation: If you or a loved one has been injured by the side effects of Benicar (generic: olmesartan), you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
July 13, 2016 – The lawsuits in the MDL are being prepared for the first trial in federal court over alleged side effects of the blood pressure medication Benicar (generic: olmesartan). Presiding judge Robert Kugler previously scheduled a target date of late 2016 for the bellwether first trial, but a recent case management order shows depositions and pretrial motions being conducted through at least March 31, 2017.
The court originally selected 30 bellwether plaintiffs at random, then allowed plaintiffs and defendants to each strike 10 names from the list. The court then randomly deleted another 20 plaintiffs. It is still unclear as to how the first case to be tried will be chosen from the remaining list of 10.
The lawsuits allege that drugmakers Daiichi Sankyo and Forest Laboratories failed to adequately warn consumers of Benicar gastrointestinal side effects including diarrhea, colitis and sprue-like enteropathy. As of last month, at least 1,347 cases were pending in the MDL, in addition to another 70 cases in a multicounty litigation (MCL) in Atlantic County, New Jersey.
Some plaintiffs allege that Benicar caused them to have 10 to 20 diarrhea attacks per day, resulting in malnourishment and the loss of up to 100 pounds. Others experienced complications of malnutrition including cataracts or infections, and a few have died as a result of their illness, according to the lawsuits.
The timeline for the upcoming litigation is as follows:
- September 30 – Discovery scheduled to be completed;
- November 30 – Plaintiffs’ expert reports due;
- January 31, 2017 – Defendants’ expert reports due;
- February 28, 2017 – Expert depositions completed, and
- March 31, 2017 – Motions for summary judgment and Daubert motions due.
No date has yet been scheduled for a Daubert hearing, when it will be determined whether there is enough scientific evidence in the case to warrant a bellwether trial.
Do I Have a Benicar Lawsuit?
The Pharmaceutical Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Benicar lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Confidential Case Evaluation: Again, if you or a loved one was diagnosed with sprue-like enteropathy after taking Benicar, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.