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Benicar (olmesartan med oxomil) is a medication used to treat high blood pressure or hypertension. This medication is manufactured by Daiichi Sankyo and received approval from the Food and Drug Administration in 2002.Since its release, this medication has been widely prescribed, and in 2012 doctors and pharmacies distributed an estimated total of 10.6 million Benicar prescriptions. While this medication may be widely prescribed, it has also been associated with some serious concerns, notably sprue-like enteropathy.
If you or your loved one suffered serious health problems after taking Benicar, it may be in your best interests to seek experienced legal help immediately. A West Palm Beach Benicar lawyer could help you explore your options and, if necessary, file a lawsuit against the drug’s manufacturer.
Benicar, the brand name for olmesartan is an angiotensin II receptor blocker (ARB) that is used to treat hypertension. It can be used alone or in conjunction with other antihypertensive agents to help lower a person’s blood pressure and prevent some of the risks associated with high blood pressure, including decreasing the risk of heart attacks and strokes.
Benicar came under scrutiny after the Mayo Clinic issued a report in 2012 documenting 22 patients who presented the symptoms of celiac disease, or “sprue-like enteropathy,” after taking Olmesartan. However, unlike celiac disease, these patients were unable to control these symptoms with a gluten-free lifestyle and antibody blood tests did not support a diagnosis of celiac disease.
In July 2013, the FDA issued an alert noting the “clear evidence of an association between olmesartan and the sprue-like GID disorder.” The FDA subsequently ordered Benicar’s manufacturer to add a warning to all its marketing, packaging, and patient use literature noting the risks associated with this medication.
Since the FDA issued its first alert to consumers regarding Benicar’s risk of causing sprue-like enteropathy and other gastrointestinal issues, people who have suffered sprue-like enteropathy and other serious side effects have filed thousands of lawsuits against Benicar’s manufacturer. A majority of Benicar lawsuits are filed under a theory of strict liability.
The Florida Supreme Court follows the definition of strict liability set forth in Restatement (Second) of Torts §402A (1965), which provides that the seller of a product “in a defective condition unreasonably dangerous to the user or consumer” is subject to liability for harm caused to the ultimate consumer if: (1) the seller is engaged in the business of selling the product, and (2) it is expected to and does reach the consumer without substantial change in the condition in which it is sold. A West Palm Beach Benicar lawyer could help an individual establish liability in their lawsuit.
Sprue-like enteropathy is a condition wherein the body is unable to digest and tolerate gluten, which is a common ingredient in a large variety of foods. This condition is not only uncomfortable—it can have a serious impact on a person’s quality of life.
Sprue-like enteropathy can cause dramatic and dangerous weight loss as well as permanent nutritional and metabolic disorders. On top of that, patients who suffer from this condition may require life-long monitoring to manage its symptoms and effects.
If you or a loved one suffered a damaging side effect after taking Benicar, a West Palm Beach Benicar lawyer could determine whether you have grounds for a claim against Benicar’s manufacturers and help you pursue compensation. Call today to schedule a consultation and get started on your case.
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