September 2, 2016 — Lawyers are asking a judge to agree that Benicar causes sprue-like enteropathy so they can pursue claims that drug-makers failed to warn about the risk.
On August 29, lawyers requesetd (PDF) partial summary judgement on the issue of general causation based on numerous admissions so far.
They will also seek summary judgement on the issue of whether Daiichi Sankyo provided adequate warnings on the label for Benicar.
Benicar (olmesartan) is a blood pressure drug that has been on the market since 2002. In June 2012, Mayo Clinic researchers published 22 reports of sprue-like enteropathy in Benicar patients.
In 2013, the FDA issued a Safety Communication and said there was “clear evidence” of an association between Benicar and sprue-like enteropathy.
Without adequate warnings, some patients were misdiagnosed and suffered for months or years of chronic diarrhea, nausea, malnutrition, dehydration, weight-loss, and intestinal damage (villous atrophy).
The website www.Benicar.com does not reference “sprue-like enteropathy,” but warns:
“Serious side effects may include severe, chronic diarrhea with considerable weigh loss, which may develop months to years after starting Benicar.”
As of August 22, there were 1,718 lawsuits pending under U.S. District Judge Robert B. Kugler in one federal court in New Jersey, centralized in Multi-District Litigation (MDL No. 2606). Another 73 lawsuits are centralized in a mass-tort in New Jersey state court.
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