If you have high blood pressure, you may be one of the millions of Americans who was prescribed the pharmaceutical Benicar. If you have experienced serious gastrointestinal problems while taking Benicar, you may be entitled to significant compensation by filing a products liability lawsuit.
The Food and Drug Administration first approved Benicar, manufactured by Daiichi Sankyo, Inc., in April 2002. Over eleven years later, in July of 2013, the FDA issued a warning to the medical community and consumers that Benicar and similar drugs are associated with a gastrointestinal condition called sprue-like enteropathy, which causes severe intestinal issues such as chronic diarrhea, vomiting, and excessive weight loss. The FDA also reported that the label on Benicar would be changed to reflect the recently discovered health risks.
The communications from the FDA followed medical studies that identified connections between Benicar and sprue-like enteropathy in numerous patients. Some of the patients did not experience the symptoms for months starting a Benicar regimen, therefore they did not automatically associate their intestinal problems with the hypertension drug.
Benicar Lawsuits Begin
Approximately twelve plaintiffs have filed lawsuits against Daiichi Sankyo, Inc. and the promoter of Benicar, Forest laboratories. The plaintiffs seek as of yet unspecified damages for the following claims:
|Strict liability||Breach of warranty|
|Unjust enrichment||Purposefully withholding information regarding potential side effects|
|Engaging in overly aggressive marketing strategies||Failure to warn of side effects|
|Negligent misrepresentation of the product||Fraud|
|Violating state laws regarding consumer protection||Failing to adequate study the long-term risks of Benicar|
|Misleading statements in advertisements|
Each plaintiff’s damages will depend on the circumstance of their individual case. For example, one plaintiff states he spent 100 days in the hospital over four years due to Benicar side effects such as malnutrition, dehydration, vomiting, severe diarrhea, and substantial weight loss. As a result of chronic side effects, some plaintiffs suffered permanent damage to their intestines and require a feeding tubes. A qualified attorney can help estimate the potential damages in a particular case.
Additional plaintiffs are expected to emerge with claims regarding Benicar as medical professionals and patients become more aware of the health risks associated with Benicar.
How Can I File a Benicar Lawsuit?
If you believe you have suffered sprue-like enteropathy or other gastrointestinal symptoms because of Benicar, the attorneys at Lopez McHugh can help evaluate whether you have a potential case. Call us at (877) 737-8525 to schedule a free consultation or feel free to use our online contact form.