FDA to Add Warning for Benicar: According to the Food and Drug Administration enough detailed studies have shown a link to the development of severe spruelike enteropathy to warrant a label change on products containing the active ingredient Olmesartan including Benicar.
Our law firm is currently investigating class action and single party lawsuits against the manufacturers and distributors of the blood pressure lowering medication Benicar. If you or a loved one have suffered from serious side effects due to the use of Benicar feel contact our law firm for a free no cost legal consultation regarding a possible claim.
The olmesartan medoxomil tablets under the trade names Benicar Benicar HCT, Azor, and Tribenzor, has been linked to the developed of serious health effects including
- Severe cases of diarrhea
- Chornic diarrhea resulting on hospitalization due to dehydration
- Gastrointestinal side effects including vomiting and electrolyte imbalances
- Extreme weight loss
- Inflammation of the intestines
- Swallowing abnormalities – inability to properly swallow
- Renal kidney failure and hyperkalemia
In some severe cases of chronic diarrhea in patients with compromised immune systems patients can undergo severe dehydration resulting in death.
2013 FDA Warning for Benicar: For more information regarding FDA warning regarding the use of Benicar see here.
What Needs to be Proven to Win Your Case in Court – Product Liability Lawsuits
The majority of drug side effects case are predicated on proving a product liability claim. Defective product litigation can be based on proving one of three one distinct causes of action.
1. Defect in the Original Design of the Drug: When a current design with the same level of efficacy but lower level of potential harm exists but was not used to manufacture the drug.
2. Defect in the Manufacturing Process of the Drug: Failure to product the drug in the fashion intended in the original design.
3. Labeling Defect: When a drug manufacturer fails to properly warn consumers of all known or knowable side effects resulting from the use of the drug.
What is a Class Action Lawsuit: Class action lawsuits take place when there are a large number of victims with a similar cause of action against a single defendant. There are several elements which have to be shown to the court in order to recieve the certification required to file a class action lawsuit.
- Presance of a large number of claimants.
- Identical or nearly identical issue of fact or law against the at fault, liable party.
- The claim of the class representative is typical of the other members.
- The class representative has the financial and legal resources to peruse a cause of action against the pharmaceutical company.
Recovery for Harm Suffered Due to the Use of Benicar
Victims of severe medical complications and adverse health effects due to the use of defective medications are entitled to recovery for all harms suffered against pharmaceutical manufacturers. Types of compensation available include medical expenses and hospitalization care, pain and suffering, lost wages, loss or reduction of future earnings due to long term or permanent disabilities.
Statute of Limitations for Filing a Benicar Lawsuit: The statute of limitations is the timing deadline a victim of severe side effects of Benicar has to file a claim in the court of law. Failure to file a claim within the statutorily allotted time period can eliminate a victims right to recovery under the law. The statute of limitations for filing a claim is based on the jurisdiction where the harm took place. For example the filing deadline for filing a claim in the state of California is two years from the date of the injury. Form more information on the statute of limitations for the state you live in see here.
Free Attorney Consultation: Our dangerous drug side effect attorneys offer all our prospective clients with a free confidential legal evaluation of their claim. If you have any legal questions feel free to contact our law firm toll free (855)385-2529.