Can I Get Compensation in a Benicar Lawsuit?
If you have suffered serious health consequences from taking Benicar for high blood pressure, you may be wondering how much compensation you may be entitled to claim if you file a lawsuit for the damages you have suffered. There is no simple answer to that question. Each case must be evaluated on its own merits, and there are a number of factors involved in determining the full extent of your losses.
It is in your best interests to speak with a knowledgeable pharmaceutical litigation lawyer if you are considering a lawsuit against Daiichi-Sankyo, the drug company that manufactures Benicar. Contact Farah & Farah for a free case evaluation. We can tell you if you have a valid case, and what damages you may be entitled to claim.
Our practice is focused exclusively on representing injured people in product liability cases involving dangerous drugs and devices. We are currently investigating cases nationwide for people who have been seriously harmed by taking Benicar. When you work with our firm in a Benicar suit, you can have confidence that our dedicated legal team will tenaciously pursue the maximum compensation you are entitled to recover.
Damages in a Benicar Lawsuit
Once it has been established that your claim against the manufacturer of Benicar has merit, our pharmaceutical litigation attorneys will thoroughly evaluate the full extent of your losses. The greater your losses, the higher level of compensation you may be entitled to.
Damages can be separated into two basic categories:
- Economic losses: This category includes losses with a dollar value that can be calculated or estimated, such as past and future medical expenses, lost wages, and lost earning potential resulting from a serious health condition caused by taking Benicar.
- Non-economic losses: These are losses with no set dollar value, such as pain and suffering, emotional stress, and mental anxiety. Non-economic damages are more difficult to determine than economic losses, and are often a significant portion of the damages paid.
In some cases, punitive damages are also awarded. These are damages designed to punish the defendant, in addition to compensation awarded for losses suffered.
Losses Associated with Benicar Side Effects
Benicar has a long list of severe potential side effects, as reported on WebMD. The U.S. Food and Drug Administration (FDA) issued a safety announcement on July 3, 2013 regarding one of the drug’s most serious side effects – spruelike enteropathy. This is an intestinal disorder with symptoms that include severe and chronic diarrhea and excessive weight loss.
Symptoms of spruelike enteropathy are similar to the symptoms of Celiac disease (hypersensitivity to gluten). Spruelike enteropathy caused by taking Benicar has been frequently misdiagnosed as Celiac disease, in which case the patient continues to worsen while being treated for the wrong condition and continues taking Benicar — the actual source of the problem.
Symptoms of spruelike enteropathy caused by Benicar may include:
- Severe, chronic diarrhea
- Abdominal pain
- Nausea and vomiting
- Excessive weight loss
- Villous atrophy (a condition in which the fingerlike, microscopic “villi” lining the intestine are eroded away)
- Nutritional deficiencies (resulting from villous atrophy – it is the function of the villi to absorb nutrients from food)
The FDA warns that spruelike enteropathy sometimes requires hospitalization. Patients with spruelike enteropathy caused by Benicar have in some cases, been repeatedly hospitalized because of this condition. When the damage from the drug continues too long, or the condition is misdiagnosed and left untreated, the patient can develop “leaky gut syndrome” and become more susceptible to autoimmune diseases.
As stated by the FDA, severe chronic diarrhea and substantial weight loss may not appear for months or even years after the patient begins taking Benicar. Patients continue taking their blood pressure medication on the advice of their physicians, unaware of the damage being done to their intestines.
The FDA approved olmesartan (Benicar) for treatment of hypertension on April 5, 2002. The drug was aggressively marketed and prescribed to many patients since first released on the market.
A Mayo Clinic study found that olmesartan may be associated with severe spruelike enteropathy and published its findings in August 2012. The FDA safety announcement and labeling requirements regarding Benicar and spruelike enteropathy did not appear until July 2013. Physicians and patients taking the drug had no warning of this serious side effect prior to the safety announcement.
If you developed spruelike enteropathy after taking Benicar, our legal team will carefully consider all health consequences and all your economic and non-economic losses in evaluating your damages. You can rest assured that we will fight aggressively to hold responsible parties accountable and to recover the compensation you need and deserve. Call our Benicar lawyers today at (800) 533-3555.
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