U.S. District Judge Robert B. Kugler has refused Daiichi Sankyo and Forest Laboratories’ attempt to dismiss 4 cases from the Benicar multidistrict litigation (MDL) in the Northern District of Ohio.
Free Confidential Lawsuit Evaluation: If you or a loved one was injured by Benicar side effects, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
What’s the Problem?
April 25, 2016 – Daiichi and Forest claimed that plaintiffs in 2 of the cases had injuries that occurred prior to their use of Benicar (generic: olmesartan), and the other 2 cases involved injuries that were outside the scope of litigation. Judge Kugler disagreed, finding that the MDL survives challenge to symptoms.
The defendants’ main contention was that certain plaintiffs were misinterpreting their gastrointestinal (GI) symptoms, falsely believing they were caused by Benicar. However, Kugler held a status conference during which he ruled that the 4 plaintiffs’ allegations were actually valid and supported by medical records.
One of the cases defendants wanted dismissed involved a plaintiff who alleges she was diagnosed with diverticulosis, a condition not linked to sprue-like enteropathy, the GI side effect the U.S. Food & Drug Administration (FDA) has linked to Benicar. Additionally, the plaintiff’s symptoms didn’t appear until she had stopped taking Benicar for at least 18 months, according to the defendants. The other plaintiff claimed she had irritable bowel syndrome (IBS).
Kugler declined the defendants’ request to impose sanctions for “plaintiff’s bad faith actions” for allegedly giving untrue statements in her fact sheet and then waiting until she was chosen to be a member of a bellwether case to ask that her case be thrown out.
Daiichi’s attorneys objected to what they referred to as ‘improvidently filed” claims in the 1,248 pending federal court MDL and 68 state cases, saying such filings only cost the parties time and money. The plaintiffs responded by saying that Daiichi was essentially seeking expedited summary judgment by asking for dismissals at a case management conference, noting that allegations are beliefs and the plaintiffs believed Benicar was the cause of their injuries.
The pivotal issue in the MDL is that Daiichi allegedly designed Benicar defectively and didn’t warn patients that it could cause side effects including chronic diarrhea, malnutrition, dehydration, nausea and weight loss. Forest is named as a defendant for joining Daiichi in marketing Benicar.
FDA warned in 2013 that Benicar had been linked to sprue-like enteropathy, a condition that causes chronic and severe diarrhea. The agency required that the drug’s labeling be updated with a warning describing the condition. FDA further identified 23 serious cases of late-onset diarrhea in its adverse event reporting system. The MDL alleges that nearly 2 million patients were prescribed Benicar or a similar medication in 2012 alone.
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 were injured by Benicar, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.