Some patients taking Benicar have experienced extreme side effects, up to and including death. As a result, hundreds of individuals have filed lawsuits against Daiichi Sankyo and its subsidiaries. One estimate suggests that there are at least 1,900 legal claims currently making their way through the federal court system – with more complaints likely to be filed as other individuals decide to pursue lawsuits.

History of Benicar Lawsuits

This is not the first time Daiichi Sanyko has been in legal trouble over Benicar. In 2015, the biopharmaceutical company paid $40 million to the U.S. Department of Justice to settle an allegation by the government agency that Daiichi Sankyo had made illegal payments to doctors in return for prescribing Benicar and other drugs to their patients from 2005 through 2011.

When such a high number of lawsuits are brought before the federal court system, they are often consolidated using a method known as multidistrict litigation (MDL). While each case is still considered an individual case, the common features of the collective lawsuits are tried in a similar fashion under one or a handful of justices. This allows the cases to be tried consistently, using the same level of evidence and scrutiny.

Lawsuits related to Benicar and other olmesartan drug products created by Daiichi Sankyo have been consolidated into an MDL case in the United States District Court for the District of New Jersey. The MDL number for Benicar lawsuits is MDL 2606.

Legal Complaints Against Benicar

According to the Master Long Form Complaint, plaintiffs in MDL 2606 cases have suffered a wide range of ill effects after taking Benicar.

Benicar Lawsuit Claims
  • Serious gastrointestinal injuries
  • Olmesartan Associated Enteropathy (“OAE”)
  • Sprue-like enteropathy
  • Villous atrophy, blunting, or damage
  • Inflammation
  • Nausea
  • Vomiting
  • Chronic diarrhea
  • Malnutrition
  • Dehydration
  • Atrophy
  • Kidney failure
  • Weight loss
  • Abdominal and gastrointestinal pain
  • Colitis
  • Gastritis
  • Death

The primary complaint by these plaintiffs is that Daiichi Sankyo either knew or should have known about these possible injuries, and that they failed to customers of these potential dangers.

The first cases under MDL 2606 are expected to be tried in 2017. The cases are overseen by U.S. District Judge Robert Kugler.