How The Benicar Settlement Works

Japanese pharmaceutical manufacturer Daiichi Sankyo has offered up to $300 million to settle a massive litigation surrounding the company’s blood pressure drug Benicar.

$300M For Benicar, Olmesartan-Related Injuries

Around 2,300 patients and families have already filed lawsuits and wrongful death claims over Benicar, accusing Daiichi Sankyo of concealing the prescription’s alleged link to severe gastrointestinal disorders:

• Celiac disease
• Sprue-like enteropathy

The time to file a new Benicar lawsuit hasn’t run out yet, but there is a critical deadline:

August 23, 2017

On August 23, the Administrator selected to preside over the settlement fund will stop accepting new claims from people who suffered alleged injuries after using Benicar or another associated hypertension drug. Patients and families who have yet to file a lawsuit must retain counsel and file the necessary legal documents by August 23, 2017. We urge all plaintiffs who believe they may have a case against Daiichi Sankyo to contact an experienced attorney immediately.

Compensation Is Limited. Act Now.

According to statements from Daiichi Sankyo, the fund will be open both to people who have already filed claims and those who have yet to file claims. A website has been created, https://www.olmesartanproductlitigationsettlement.com/, to facilitate the process.

The settlement fund will be finite, capped at $300 million. As of now, the settlement is still an offer, one that must be accepted by an overwhelming majority of the plaintiffs who have already filed lawsuits against Daiichi Sankyo. The fund, the company says, will only be created if at least 95% of claimants opt in to the settlement.

Claim Eligibility Requirements

Do you or a loved one have a claim?

Eligibility to pursue financial compensation through the Olmesartan Products Resolution Program hinges on two fundamental facts. First, the patient was prescribed and took one of the drugs, manufactured by Daiichi Sankyo, that contain the active ingredient olmesartan medoxomil:

• Benicar
• Benicar HCT
• Azor
• Tribenzor

The claimant (or deceased patient) must have begun taking the olmesartan-based product on or before May 1, 2015.

Qualified Injury Levels

Second, the patient sustained an injury due to the use of an olmesartan-containing drug in the United States. Only select injuries, supported by documented medical evidence, will be applicable for compensation. Daiichi Sankyo’s settlement agreement sets out six categories of injury:

1. Diagnosis of sprue-like enteropathy, celiac sprue, gluten sensitivity, malabsorption, microscopic colitis, lymphocytic colitis or collagenous colitis (or pathology reports consistent with one of those diagnoses) and weight loss (at least 5% of the claimant’s total body weight) or hospitalization (three days or more)
2. Symptoms of a gastrointestinal disorder lasting more than seven days (including diarrhea, vomiting or unexplained weight loss) and evidence of a positive de-challenge reaction (the side effects disappeared when the olmesartan-based drug was discontinued) and weight loss (at least 5% of the claimant’s total body weight) or hospitalization (three days or more)
3. Claimants who satisfy the requirements of Injury Levels 1 or 2 but do not meet the weight loss (at least 5%) and / or hospitalization (three days or more) requirement
4. Pre-existing intestinal condition lasting longer than seven days and GI symptoms were aggravated after the patient began taking an olmesartan-containing product (symptom aggravation can be demonstrated either by weight loss of more than five pounds or an increase in the severity or number of intestinal symptoms
5. Injuries that do not meet the requirements of Injury Levels 1 through 4; medical evidence must be presented that the patient suffered diarrhea, vomiting, nausea, abdominal pain, dehydration or unexplained weight loss for more than five days in a single year while the patient was taking an olmesartan-based drug
6. Claimants who satisfy the requirements of Injury Level 5 but did not, or cannot prove, that their gastrointestinal symptoms lasted longer than five days in a single year

Other limitations may apply. For example, the settlement requires that a claimant’s olmesartan-associated condition cannot be explained by recourse to other potential causes, including non-olmesartan-related celiac disease. The Injury Level requirements described above are applicable both to claims filed by injured patients and wrongful death lawsuits brought by family members who lost a loved one to alleged Benicar side effects.

Daiichi Sankyo Denies Responsibility

Daiichi Sankyo has not admitted liability, although the company’s settlement, if approved, will resolve the company of its alleged responsibility to compensate injured patients and grieving families. In their legal claims, plaintiffs accuse Daiichi Sankyo of hiding Benicar’s alleged risks from the public and the medical community. Again, the company has not confessed to concealing these potential risks. In a press release issued shortly after the Benicar settlement’s announcement, Daiichi Sankyo executive chairman said, “we believe a settlement is in the best interest of all.”

Large corporations often choose to settle major litigations, rather than risking the uncertainties of a jury trial. In settling the cases now, Daiichi Sankyo intends to create a special trust fund that will begin paying out financial awards to patients who believe they were injured by Benicar and families who lost loved ones to alleged Benicar side effects.

Time Is Limited. Learn More Now.

The settlement enrollment period has not yet begun, but time is obviously limited. Daiichi has offered a huge settlement to resolve thousands of claims, both filed and unfiled. Our experienced product liability attorneys are continuing to accept cases for a limited time.

At The Product Lawyers, our attorneys always offer their services on a contingency-fee basis. That means you owe us nothing unless we secure compensation in your case. Again, the deadline to retain counsel and file the appropriate paperwork is August 23, 2017. Don’t wait to have your voice heard. Contact our lawyers now to learn more about your options in a free consultation.

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