Our law firm is currently investigating unsafe drug lawsuits against Daiichi Sankyo, the manufacturers of Benicar. Family members of individual who have died due to severe side effects caused by the blood pressure lowering and hypertension medication may be entitled to financial compensation via the filing of a wrongful death lawsuit against at fault and liable parties. Under product liability laws liable parties can include any entity which was within the chain of distribution; this would include, the original research and designers of the drug, manufacturers, regional and local distributors, and retailers.
Severe Sprulike Enteropathy Caused by the Use of Benicar:
Common Signs of Symptoms of Severe Sprulike Enteropathy are as follows…
- Chronic Diarrhea
- Severe weight loss
- Chronic Abdominal pain
- General malaise
- General fatigue
Unfortunately for many years individuals suffering from Severe Sprulike Enteropathy due to the use of Benicar were repeatedly misdiagnosed with gastrointestinal disorders ranging from IBD, to Crohn’s disease and Celiac disease.
In response the FDA issued the approval for an immediate label change of medications containing the active ingredient olmesartan medoxomil
for the possibility of the development of severe gastrointestinal side effects including sprue-like enteropathy.
Filing a Wrongful Death Lawsuit Against Manufacturers of Benicar
Historically under the common law system relatives of the deceased did not have a legal avenue with which to pursue compensation form at fault and or liable parties. In other words, a claim for injury can only be brought by the injured victim, and if the victim dies so too does the claim itself.
However beginning at the turn of the last century jurisdiction across the country and the federal government began passing statutes allowing form relatives of deceased victims the ability to recover compensation for damages incurred due to the death of a loved one. Today almost all sated have passed some kind of wrong death or survival actions in place.
Damages Recoverable in Wrongful Death Lawsuit:
Statute of Limitations for Filing a Wrongful Death:
- Funeral Expenses.
- All medical and health related expenses due to the injury suffered.
- Loss of the deceased individuals earnings and wages including pensions and inheritance.
- Non-economic damage compensation including mental suffering and anguish of the deceased individuals.
- Wife or husband of the deceased can receive compensation for loss of consortium.
- Punitive Damages – in most jurisdictions across the county punitive damages are not compensable in wrongful death claims.
The stature of limitations for filing a Wrongful death cause of action is based on the specific laws of the state where the case is to be tried in. Wrongful Death Lawsuits Filed in Federal Court
: In federal court a Wrongful Death claim must be filed within two years from the death of the individual. However unlike other jurisdictions across the country the statute of limitations begins to run at the date of death rather than at the date the cause of death is discovered.
: If your loved one has died due to complications associated with the taking of Banicar feel free to contact our law offices to learn more about your legal options. All legal consults are provided by our attorneys free of charge.
Benicar Class Action Lawsuit