Pharmaceutical companies Daiichi Sankyo and Forest Laboratories agreed to pay $300 million settlement of multidistrict litigation by users of hypertension drug Benicar who linked their cases of severe diarrhea to use of for people who used Benicar, Benicar HCT, Azor and Tribenzor.
The Master Settlement Agreement can be found on our site at Benicar Order No. 30.
Those eligible to participate in the settlement must have started using the product before May 1st, 2015, even if usage continued afterwards. Some important information about the settlement:
- People who used Benicar, Benicar HCT, Azor and Tribenzor, must be included in the Court Ordered census by August 23rd, 2017.
- People need to prove usage of olmesartan medoxomil or:
- Benicar HCT
- Injuries include:
- Sprue Like Enteropathy
- Unexplained Weight Loss
- To support the claim, one must include Medical Records and/or Hospitalization records, along with Prescriptions Records. Although in some cases substitute proof may be considered
- The largest compensation amounts will go to people who:
- Have an official diagnosis of Sprue Like Enteropathy
- Have hospitalization over 121 days
- Lost over 50% of their body weight as a result
- Renal Failure
- Long Term Steroidal Use for more than 45 days
- Usage between June 1, 2009 to July 3, 2013
- Many others with qualify for the settlement who have some of the conditions like diarrhea and usage of Benicar.
According to consumer rights advocated Jason T. Brown who heads a firm that handles mass torts, “This is an excellent settlement on behalf of those who were injured by this group of products. The attorneys did a phenomenal job in obtaining this result. “ Brown also quipped how some of the first depositions in this case for one of the bellwether cases took place at his office.
“It’s also important for people to know that time is of the essence, “Mr. Brown continued, “If you think you were on Benicar or another olmesartan product like Benicar HCT, Azor or Tribenzor and had documented diarrhea, you should consult with an attorney immediately to preserve your rights. It takes time to gather medical records and if you were injured, you should take part in the result.
Presently there are around 2,300 cases filed, and potentially many more that have been unfiled.
The settlement requires 95 %participation rate. In 2013 the Food and Drug Administration issued an advisory that Benicar could cause diarrhea and weight loss. Although the Defendants do not admit liability with the settlement according to Jason T. Brown, “The apology is in the money.”