Benicar, a blood pressure medication, is the subject of more than 2,000 lawsuits. Plaintiffs allege that using Benicar resulted in severe gastrointestinal injuries, celiac-like symptoms, sprue-like enteropathy, lymphocytic colitis, microscopic colitis, collagenous colitis, villous atrophy, and even fetal toxicity. The FDA issued a warning in July 2013 about the use of Benicar associated with the development of gastrointestinal problems. Plaintiffs argue that the drug makers should have known about the risks before the FDA issued the warning and that the drug makers failed to warn patients of the risk.
In August 2017, a Benicar settlement was reached by drug makers and Forest Laboratories. The Benicar settlement amount is $300 million.
Benicar Lawsuits Consolidated Under Multi-District Litigation
Because of the number of lawsuits filed against Daiichi Sankyo Inc. its parent company (Daiichi Sankyo Co., Ltd.), and Forest Laboratories, Inc., the filed lawsuits were consolidated under a concept known as multi-district litigation (MDL). Under this concept, the claims filed by the plaintiffs are still separate claims that will be heard on their merit. Certain processes, such as discovery, are consolidated and performed during the same time as if it were all one case. The purpose of MDL is to speed up the court process for the plaintiffs and the defendants. Without this process, it would take much longer for plaintiffs to have their trials scheduled. The MDL is in a federal court in New Jersey.
Benicar Settlement Details
The Benicar settlement amount will be used to resolve the lawsuits from individuals who developed a chronic gastrointestinal issue after using Benicar, Azor, or Tribenzor. All three medications rely on the same active ingredient: olmesartan.
Ultimately, the amount of money received by plaintiffs will be determined based on the extent of gastrointestinal damage and how many days they spent in the hospital. However, the Benicar settlement does not require the drug-makers or the lab to admit any sort of liability. Daiichi Sankyo states that they believe all of the lawsuits are baseless. Their stated goal was that settling means they are doing what is in the best interest of all involved and allows the drug-makers and lab to continue to focus on bringing medications to the market.
Before the Benicar settlement is approved, 95% of the plaintiffs must agree to its terms. In addition to paying on claims of Plaintiffs for their injuries, some of the settlement would be used to pay the fees and expenses of attorneys representing the Plaintiffs.
Daiichi Sankyo’s Previous Federal Settlement
The Benicar settlement isn’t the first time that Daiichi Sankyo felt the need to settle. In 2015, Daiichi Sankyo settled allegations made against them regarding violations of the False Claims Act. They settled for $39 million and they were also accused of providing improper kickbacks to medical professionals in an effort to encourage them to prescribe several of its drugs, including Benicar.
Goldwater Law Firm – Helping Injured Patients Protect Their Legal Rights
Goldwater Law Firm helps injured patients protect their legal rights. When a medication that’s meant to help causes a severe illness or injury, the patient may have legal rights. Taking on an impressively large and well-funded pharmaceutical company on your own is next to impossible. Goldwater Law Firm is here to help. If you believe that you or someone you love was hurt because of a medication, contact us right away. We provide free initial consultations and case evaluations. We’re here to help.