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Benicar Lawsuit

Benicar or Olmesartan Medoxomil (generic form) is a prescription drug that was intended to treat adult and pediatric patients who suffer from high blood pressure or hypertension.

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To date, there are many noted side effects, ranging from mild to severe, that present themselves while taking Benicar. In particular, acute gastrointestinal issues and other serious complications experienced by countless patients have been the basis for Benicar lawsuits in the U.S. as of 2002, the current drug manufacturer of Benicar is Daiichi Snakyo.

Gastrointestinal Problems and Villous Atrophy

The most common side effects of Benicar that requirement medical attention are dizziness, difficulty breathing or swallowing and headaches. Sprue-like enteropathy is a disease that causes numerous gastrointestinal problems and is known to be one of the more serious side effects triggered by the use of Benicar. Frequent digestive symptoms that are caused by enteropathy are chronic diarrhea, nausea, vomiting and extreme weight loss, which when combined lead to overall malnutrition. In addition to acute gastrointestinal problems, the chances a patient will develop Villous Atrophy are greatly increased when using Benicar.

Villous Atrophy is celiac-like disease that essentially causes the erosion of the lining of the small intestine. Loss of the inner lining of the small intestine means that the patient’s body can no longer absorb nutrients properly. By not being able to absorb the necessary nutrients, those with Villous Atrophy often become extremely malnourished. Due to the severity of these particular side effects, several studies have been conducted by both the Mayo Clinic and the U.S. Food and Drug Administration (FDA) to determine if there are any causal links between the usage of Benicar and certain kinds of cancer or death. Based on their similar findings, it has been concluded that in rare instances there is indeed a link to both cancer and possible death when using Benicar over extended period of time.

The U.S. Food and Drug Administration (FDA) Warning

In July 2013, almost a decade after the release and widespread use of Benicar, the FDA issued a warning on the possible severe side effects that could occur while using Benicar. Shortly after the release of the FDA warning, adversely affected patients filed products liability lawsuits against the drug’s manufacturer. Yet, despite the adverse warning and pending lawsuits, Benicar has yet to be discontinued or recalled. Furthermore, it has only been suggested that the drug’s warning label mention the more serious side effects and correlations.

Key Facts about Benicar Lawsuits

Under the theory of products liability, an injured party is entitled to receive compensation for medical expenses and wage loss if they can establish that there was some sort of a design defect, manufacturing defect or marketing defect. In this specific case, if an injured party can prove that that Benicar was defective and due to that defect was dangerous as well as the cause of their injury they may be compensated for the following:

  • Current, past and present medical expenses
  • Physical pain and suffering
  • Reduced earning capacity
  • Lost wages
  • Emotional Distress

It is important to seek legal counsel if you or some you know has suffered severe side effects from the usage of Benicar. Due to statutes of limitations, there is a limited time in which an injured party may bring a lawsuit.  Depending on the particular state law applicable, an injured party may not be able to recover damages if the statutes of limitations has barred their claim.

The Number of Benicar Lawsuits will Increase

Currently, there have only been a handful of Benicar lawsuits filed against the manufacturer. The first lawsuit was filed in February 2014, not too long after the FDA warning was released. Nevertheless, both Benicar and its generic form are still on the market. Therefore, it is only a matter of time before more Benicar lawsuits are filed.

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