Benicar Settlement to Result in $300M Payment By Drug Maker for Gastrointestinal Injuries

Daiichi Sankyo and Forest Laboratories have agreed to pay $300 million in financial compensation to individuals who suffered chronic diarrhea and other gastrointestinal injuries after using Benicar, Azor or Tribenzor, settling allegations that inadequate warnings were provided about risks associated with the popular olmesartan-based blood pressure drugs.

The agreement is intended to resolve about 2,000 filed Benicar lawsuits, Azor lawsuits and Tribenzor lawsuits filed throughout the U.S. court system, but also provides additional time for individuals who have not yet hired a lawyer to participate in the Benicar settlement.

For the past two years, all federal litigation over the side effects of Benicar has been centralized before U.S. District Judge Robert Kugler in the District of New Jersey, as part of an MDL or multidistrict litigation. The cases have been consolidated to reduce duplicative discovery, avoid conflicting pretrial rulings and facilitate the management of the lawsuits.

In a case management order (PDF) issued today, Judge Kugler indicated that the parties have reached a Master Settlement Agreement to resolve claims for certain injuries that resulted from the use of Benicar, Benicar HCT, Azor or Tribenzor prior to May 2015. Details of the $300 million settlement have been made available on an Olmesartan Products Resolution Program website.

Judge Kugler has ordered that a census of all claims be filed by August 25, including both filed and unfiled cases. For individuals who have not yet filed a lawsuit, they must have an executed retainer agreement signed with a lawyer by August 23 to be eligible for the settlement.

Each of the claims involve similar allegations that the drug makers knew or should have known about the link between Benicar and diarrhea for years before information was added to the warning label.

These gastrointestinal problems from Benicar (olmesartan) may surface months, or even years, after first use of the drug. Therefore, many doctors did not take their patients off of the drug when symptoms appeared, increasing the risk of permanent intestinal damage, known as villous atrophy.

The Benicar litigation emerged after the FDA required the drug makers to update the warnings in July 2013, indicating for the first time that the there was clear evidence the drug may cause severe diarrhea problems.

Terms of the Benicar agreement require that plaintiffs file an “Opt In Package” by September 15, 2017, with the drug makers bound to the settlement if at least 95% of eligible claimants participate.

For individuals who elect not to accept the offer to settle their Benicar case, Judge Kugler issued a separate order (PDF), requiring that certain information to support their claims be filed within 60 days after the Opt-In Deadline, including evidence of usage, injury and a report from a medical expert indicate that the injury was caused by Benicar or one of the other olmesartan-based drugs.

18 Comments

  • HarrisOctober 1, 2021 at 7:09 pm

    I was approved through a law firm in New York, sent all my documentation. Was told by the firm , I met all requirements. I was given a amount, I would receive, but firm said they are waiting for the pay out. I am about to go under the knife, for kidney removal. When will I see a pay out, or was I hoodwink by this law firm. I am a retired Army veteran. Any answers would be helpful.

  • TammyAugust 10, 2017 at 1:32 pm

    My husband had taken benicar for years in 2010 had to have his stomach removed after haveing stomach cancer pasded Nov.14 2011 could this be part of this case?

  • PattiAugust 9, 2017 at 2:23 pm

    I have suffered silently for YEARS, living on Imodium. Been on Benicar for years! Never knew there could be a connection. Worse this year. Took early retirement from teaching (teachers can't just leave a class to use the restroom!) Since I haven't gotten any medical tests other than colonoscopy can I receive anything for all my silent suffering, I wonder?

  • EriaAugust 8, 2017 at 8:22 pm

    I've been taking Benicar for many years I SUFFER WITH CONSTIPATION LOTS OF GAS LOTS. OF STOMACH GASTROINTESTINAL PROBLEM BEEN TO DOCTOR

  • MarieAugust 8, 2017 at 3:45 am

    I have gallbladder removed and have the runs many times a week like water can't go any ware most day's does that included me .

  • LenaAugust 6, 2017 at 6:29 pm

    Off and on diarrhea and sometime constipation have to have gallbladder removal Lot of gas.

  • PauletteAugust 6, 2017 at 12:32 am

    I have been on Azor and have had diarrhea for years. Constipation and severe cramping and my gastrologist never suggested that it could be the medicine.

  • DawnAugust 5, 2017 at 9:44 pm

    What about generic high blood pressure pills? Are they included?

  • elaineAugust 5, 2017 at 3:40 pm

    lots if issues with azor been on it for years.

  • SheilaAugust 5, 2017 at 3:08 pm

    My husband takes Azor and have been having stomach problems

  • ArdeniaAugust 5, 2017 at 2:34 pm

    I have been taking Becicar for years and I have suffered with gastronitestinal problem and had all kind of tested done and I missed days off work because of my chronic diarrhea

  • MargaretAugust 5, 2017 at 1:55 am

    Constipation

  • CharlesAugust 5, 2017 at 1:45 am

    I was on Benicar for about 10 years and have had problems with my stomach and bowels for years. I have been to the doctor many times because of stomach issues.

  • SteveAugust 4, 2017 at 1:47 pm

    I've been taking benacar for more than 10 years And have had my gal bladder removed and bowel problems as well as gastrointestinal issues for years

  • SeranthaAugust 3, 2017 at 11:35 pm

    What about the effects that it has that prevents one from driving. Effects on the eyesight. I had to be taken off because I could not drive while using this drug.

  • DorisAugust 3, 2017 at 12:56 pm

    I have been having troubles with my stomach off and on for years..And been taking Benicar for many years....

  • ShirleyAugust 3, 2017 at 1:08 am

    conspation problems

  • DianneAugust 2, 2017 at 6:15 am

    Does this mean if you had your gallbladder remove?

Share Your Comments

I authorize the above comments be posted on this page*

Have Your Comments Reviewed by a Lawyer

Provide additional contact information if you want an attorney to review your comments and contact you about a potential case. This information will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

Neutrogena, Aveeno Sunscreen Recall Lawsuits Consolidated in Florida Federal Court For Pretrial Proceedings
Neutrogena, Aveeno Sunscreen Recall Lawsuits Consolidated in Florida Federal Court For Pretrial Proceedings (Posted today)

The U.S. Judicial Panel on Multidistrict Litigation has consolidated all Neutrogena and Aveeno sunscreen spray recall lawsuits filed over benzene contamination before one judge for pretrial proceedings.