At least 1,239 Benicar side effects lawsuits have been filed against Allergan plc and Warner Chilcott Ltd., according to Lawyers and Settlements. This is according to their Form 10-K filing with the US Securities and Exchange Commission submitted in February.
The cases are consolidated in the US District Court in Camden, New Jersey, In Re: Benicar (Olmesartan) Products Liability Litigation, MDL 2602. A discovery conference call was held on June 14, 2016 with Magistrate Judge Joel Schneider.
After completing multiple tests and rigorous studies, the Food & Drug Administration (FDA) concluded that Benicar, generically known as olmersartan medoxomil, is an unreasonably dangerous drug that is the cause of sprue-like enteropathy.
The FDA concluded in 2013 that Benicar, a drug commonly prescribed to control blood pressure, was responsible for 23 serious reports of health related problems, which in some cases required hospitalization. FDA warnings were distributed to the leading manufacturers of Benicar including Daiichi Sankyo Inc. (Daichi), and Forest Laboratories (Forest). Following the release of the FDA warning, Daiichi, and Forest continued manufacturing and promoting Benicar to consumers and their doctors, despite the fact that it had been blacklisted as a dangerous drug.
Four products at issue
According to the Benicar MDL 2606 Master Complaint:
The four olmesartan products at issue in this litigation are: Benicar®, Benicar HCT®, Azor®, and Tribenzor®. With respect to each of these products, Defendants exaggerated their benefits and understated, omitted and/or failed to adequately warn patients and physicians about the risks associated with such products.
Plaintiffs have suffered personal injuries as a direct and proximate result of Defendants’ conduct and misconduct in connection with the design, development, manufacture, testing, packaging, promotion, advertising, marketing, distribution, labeling, warning, and sale of the olmesartan products.
The physical injuries suffered by Plaintiffs include, but are not limited to, serious gastrointestinal injuries, Olmesartan Associated Enteropathy (“OAE”), sprue-like enteropathy, villous atrophy/blunting/damage, inflammation, nausea, vomiting, chronic diarrhea, malnutrition, dehydration, atrophy, kidney failure, weight loss, abdominal and gastrointestinal pain, colitis, gastritis, and including permanent injuries resulting therefrom, and death.
Plaintiffs’ injuries are serious, longstanding, and permanent, resulting in multiple hospitalizations and even death in some cases. Had Plaintiffs or Plaintiffs’ health care professional(s) been properly warned by Defendants about the risks from ingesting Defendants’ olmesartan products, the Plaintiffs would not have ingested these drugs and/or would have ceased use of the olmesartan products.