The first trials in the Benicar multidistrict litigation are set to begin in late 2016. Over 1,100 lawsuits against Daiichi Sankyo are currently a part of this multidistrict litigation.
The Benicar lawsuits are centralized in the U. S. District Court for the District of New Jersey in Camden, with 66 more cases centralized in Atlantic County Superior Court.
Consumers who have filed lawsuits against Daiichi Sankyo claim that Benicar caused them to develop severe gastrointestinal problems and chronic diarrhea, leading to other severe conditions.
In pretrial hearings last month, U.S. District Judge Schneider ordered Daiichi Sankyo to submit to a review of documents related to the False Claims Act charges settlement that occurred in January to ensure the company was complying with the settlement. The company was also required to show adverse event report documents.
The number of Benicar cases in the U.S. District Court is expected to reach 3,000 to 4,000 as pending cases become filed. The drug has been on the market since 2002 and has been a popular high blood pressure treatment.
There is an estimated 30 to 40 million pages of documents that will be part of the discovery proceedings in the Benicar MDL, including documents that must be translated from Japanese. Discussions are underway on the selection process for the bellwether trials that are expected to start about a year from now.
In a multidistrict litigation, cases against a company over the same or similar allegations are usually grouped together under a single judge in one court. Since the pretrial information is similar across the cases, having the discovery happen all at once is a way to conserve both time and resources.
Once the discovery has been completed and the cases are ready to be heard at trials, several Benicar lawsuits will be selected as representative cases for bellwether trials. These bellwether trials essentially give both parties an idea of how a jury would respond to the evidence and testimony presented.
Having cases heard in a MDL take a lot less time than hearing all the cases individually. Multidistrict litigation also allows for consistency of rulings and outcomes for the trials.
While the federal Benicar lawsuits are being heard as a multidistrict litigation at the U.S. District Court in New Jersey; New Jersey Supreme Court cases are being heard in a multicounty litigation in Atlantic County under Superior Court Judge Nelson Johnson.
On May 8, Judge Johnson held a “science day” that was also attended by federal Judge Schenider. Becoming more common in mass tort cases, a science day is a non-binding hearing that allows each side to present the scientific theories underlying the case.
Benicar Side Effects
Benicar is used to reduce blood pressure in patients with hypertension. However, some consumers have experienced severe side effects. Some of the most severe side effects of Benicar are gastrointestinal in nature.
Patients often complain of diarrhea symptoms, with bouts of diarrhea ranging from 10 to 20 times per day. Additionally, patients complain of severe abdominal pain. The combination of these two symptoms lead doctors to think that patients might be suffering from Celiac disease, an autoimmune disease where the body reacts to protein (gluten) found in wheat, barley and rye.
Most Benicar patients test negative for Celiac but are later found out to have sprue-like enteropathy or villous atrophy. These conditions, similar to what is found in Celiac disease, cause the finger-like projections called villi in the small intestines to flatten or erode. This causes malabsorption of nutrients and malnutrition.
The severe Benicar diarrhea has much of the same end result with the chronic nature of the condition. Patients are unable to absorb nutrients and cannot receive proper nourishment when they are dealing with chronic diarrhea. This can also lead to dehydration and electrolyte imbalance and the need for hospitalization with IV fluids.
Benicar Lawsuit Information
If you or a loved one has suffered severe gastrointestinal side effects after using Benicar, you may have a legal claim. Contact a Benicar attorney for a complimentary case consultation.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Benicar class action lawsuit is best for you. [In general, Benicar lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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Join a Free Benicar Class Action Lawsuit Investigation
If you or a loved one used Benicar for at least four months and were hospitalized for severe gastrointestinal problems, you may have a legal claim. Submit your information now for a free case evaluation.
An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.
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