Our New York Lawyers are Taking Cases for Patients Who Suffered an Injury
or Illness While Taking Benicar
In July of 2013, the FDA issued an updated label warning that the drug
Benicar (the generic name is olmesartan medoxomil) could cause sprue-like
enteropathy; a disease often characterized by celiac-like symptoms which
can damage the small intestine’s ability to absorb nutrients. The
consequences of sprue-like enteropathy can be devastating, ranging from
chronic diarrhea, dehydration, weight loss, and kidney failure to permanent
intestinal damage. At Queller, Fisher, Washor, Fuchs & Kool, our New
York Benicar lawyers are currently interviewing patients in New York State
and nationwide who suffered serious injury or illness from taking the
drug to help determine their legal options. We understand the hardships
caused by Benicar-related injuries and illnesses and are determined to
help victims recover compensation for their losses.
If you or someone you love has suffered from sprue-like enteropathy or
another injury or illness while taking Benicar, Benicar HCT, Azor, or
Tribenzor, our New York lawyers are here to help. For a free, no-obligation
consultation to help determine your legal options, call 212-406-1700 or
contact us on-line.
What is Benicar?
Drugs marketed under the names Benicar, Benicar HCT, Azor, Tribenzor are
medications developed and used to treat high blood pressure or hypertension.
Benicar was clinically developed and marketed by Daiichi Sankyo, a Japanese
pharmaceutical company. Daiichi Sankyo spent close to a billion dollars
marketing Benicar and olmesartan containing drugs for patients suffering
from hypertension. The FDA’s records indicate that in 2012, over
10 million prescriptions were issued for Benicar. Claims against Daiichi
Sankyo include the claim that the company hired a large sales force which
falsely mislead the public into thinking that Benicar was more effective
than competing hypertension drugs. The U.S. subsidiary of Daiichi Sankyo
was fined $39 million dollars by the United States Department of Justice
after the D.O.J. essentially asserted that Daiichi Sankyo paid kickbacks
to physicians for writing more prescriptions for Daiichi medications,
including moneys paid by the company to physicians for promoting and prescribing
Benicar, Azor, and Tribenzor.
A Mayo Clinic Study Proved a Link Between Benicar Use and Sprue-like Enteropathy
Benicar, a medication used to treat patients with hypertension, has been
linked to serious gastrointestinal problems. A recent study conducted
by Dr. Joseph Murray of the Mayo Clinic has drawn a link between the development
of sprue-like enteropathy and the use of Benicar.
Dr. Murray’s study featured 22 patients who had stopped using Benicar
and had been evaluated for unexplained chronic diarrhea and enteropathy
while taking a Benicar drug (containing olmesartan). All of the participants
in the study had shown improvement after suspending use of Benicar. Celiac
disease had been ruled out in all cases. For instance, these patients
did not respond to typical treatments for Celiac disease, such as a gluten-free
diet. Additionally, they did not have a measurable amount of tissue transglutaminase
in their blood, which is a typical finding used to positively diagnose
Celiac disease. Instead, these patients showed symptoms of mucosal inflammation,
villous atrophy, and collagen deposits.
All 22 patients saw some form of relief from their gastrointestinal symptoms
and began gaining weight. Due to the combination of test results, findings,
and prompt relief of symptoms upon cessation of Benicar use, Dr. Murray
concluded that rather than Celiac disease, the patients’ gastrointestinal
symptoms had been caused by Benicar. Upon conclusion of the study, the
Mayo Clinic published Dr. Murray’s findings on-line in the Mayo
In scientific terms, it appears that Benicar may result in an immune response
which leads to a gene expression whereby the release of genetic information
transforms into a protein that can cause a mutation of cells. This cellular
damage in the intestinal tract may be a cause of the sprue-like enteropathy
symptoms suffered by Benicar users.
Please note that you should not change or discontinue medications without
appropriate consultation with your doctor(s).
Do You Have a Valid Benicar Lawsuit?
Typical case reviews regarding damages caused by Benicar include Benicar
users who have suffered:
- Chronic diarrhea
- Severe weight loss
- Injury or death to a developing fetus
- Abdominal pain
- Irregular heartbeat
- Kidney problems, including failure
- Liver Damage
- Intestinal damage
- Celiac diagnosis or mis-diagnosis
- Hospitalization for gastrointestinal issues
- Consultation with gastroenterologist for intestinal issues
Most cases we review for damages involve persons who began taking olmesartan-based
drugs (Benicar, Benicar HCT, Azor, or Tribenzor) prior to July of 2013.
However, the injury or damages suffered may have become evident even after
July of 2013. Many people have taken Benicar for up to 11 years before
being advised of the serious risks involved. Often, symptoms of sprue-like
enteropathy do not become evident until years after initially taking the
drug, as the bodily ability to absorb food and water slowly deteriorates.
Have there been any Large Benicar-related Verdicts or Settlements?
So far there have been no large settlements involving Benicar’s litigation.
The lack of settlements is due to the fact that the Benicar litigation
is relatively young and lawsuits have just started to be filed. In fact,
the U.S. District Judge presiding over all Benicar injury lawsuits has
scheduled an initial status conference in the recently established
multi-district litigation (MDL) for cases filed in the federal court system throughout the country.
The initial status conference for lawyers involved in various Benicar
cases pending nationally throughout the Federal Court System has been
scheduled for April 29, 2015. The U.S. Judicial panel on multi-district
litigation (MDL) had centralized the cases before a U.S. Federal District
Judge in New Jersey in order to centralize Benicar injury litigation that
is pending in at least 23 separate U.S. District Courts and consists of
at least 35 individual product liability claims. The claims are that Daiichi
Sankyo, a multi-billion dollar company who makes Benicar, failed to properly
warn victims of the blood pressure medication of the risks of chronic
diarrhea, weight loss, and the serious symptoms of the gastrointestinal
condition medically known as sprue-like enteropathy. It should be stressed
that we are working towards individualized settlements or verdicts of
What Compensation is Available to Patients in a Benicar Lawsuit?
This is not a situation whereby a class action is being brought and the
litigants will necessarily recover only a small amount of the proceeds.
Rather, each person who sustained an injury will be entitled to their
own individual claim. If there is a settlement, each individual will receive
compensation based on their own specific case. Attorney fees awarded by
the court generally range from 20-40% of the amount recovered, an amount
that can vary depending upon any particular settlement. Our law firm and/or
law firms we work with pay all expenses and costs of litigating and will
only recover costs and only a receive a legal fee if you receive money
as a result of a settlement or verdict. If and when liability is established,
there already appear to be a number of individual Benicar claims that
are worth in excess of $1 million dollars in damages.
Injured Patients Should Contact a New York Benicar Lawyer as Soon as Possible
Every state places a time restriction on how long an injured patient can
file a lawsuit. These time restrictions are known as a statute of limitations.
If the statute of limitations expires before a victim files a claim, they
may permanently lose their opportunity to recover compensation for the
pain and suffering they were forced to endure. In New York, the statute
of limitations for filing an injury claim is generally 3 years. We are
evaluating cases for patients in New York State who took Benicar and suffered
from sprue-like enteropathy or other serious gastrointestinal issues,
and will be doing so at least until July of 2016, which is 3 years from
the time that the FDA updated the Benicar warning label to include warnings
regarding symptoms of sprue-like enteropathy. As a result New York residents
who have suffered from any symptoms of sprue-like enteropathy after taking
Benicar shouldn’t hesitate to contact an experienced New York Benicar attorney.
Our Lawyers are Evaluating Benicar Cases from New York State and Across
While our firm is located in lower-Manhattan, we do not restrict the cases
we take to New York City. At Queller, Fisher, Washor, Fuchs & Kool,
we understand the hardships that some patients with hypertension have
been forced to endure after choosing Benicar to treat their high blood
pressure. As a result we are committed to helping as many people who suffered
unnecessary gastrointestinal problems as possible. We are currently evaluating
cases from all over New York, including Manhattan, Queens, Brooklyn, Staten
Island, the Bronx, Albany, Long Island, and all of up-state New York.
Our firm is also evaluating cases nationwide, as long as the statute of
limitations for bringing a case has not expired in your particular state.
If you or someone you love has suffered from sprue-like enteropathy or
another gastrointestinal illness while taking Benicar, you may have grounds
to recover compensation from Daiichi Sankyo. For a free review of your
legal options with our New York Benicar Attorneys, give us a call at 212-406-1700
or contact us on-line.