You have taken a drug and felt the side-effects. You read about them and suspect you might have to sue the drug maker to compensate you for lost wages, medical expenses, and pain and suffering. You are concerned you might have long-term damages which will cost you more in terms of health and money.
How do you know when you should hire an attorney or just wait and see if the situation resolves itself and your health returns to normal?
The latter is wishful thinking, though sometimes it happens that way. Often it does not, and you may have run out of time to take action.
Take the case of Benicar, a widely prescribed drug given to patients suffering from high blood pressure. Since it was approved by the Food and Drug Administration in 2002, millions of prescriptions have been written. The drug manufacturer, Daiichi Sankyo, has seen healthy profits from the sale of Benicar and Benicar HCT, a similar drug that has an added diuretic.
While the drug manufacturer profits, it is often at the expense of the patient. The patient may be losing his life and his livelihood while Daiichi is reaping the rewards. When a company puts profits above people, financial restitution is the only language it understands.
If you decide to file a lawsuit against Daiichi Sanyko you will hardly be alone. There are now more than 1,100 lawsuits filed against the company alleging links to serious side effects including cardiac problems and severe, chronic gastrointestinal problems that can be life-altering.
You may have read about them. Often diagnosed as Celiac disease, Benicar has been linked to sprue-like enteropathy. Marked by gastrointestinal distress including chronic diarrhea, constipation, cramps, and an inability digest food, the effects can be permanent and can go on for years without a proper diagnosis, taxing the patient’s health and finances.
A recent study at the Mayo Clinic found when patients initially diagnosed as suffering from the gastrointestinal condition known as Celiac disease were taken off Benicar, the condition for all improved. For some, the intestinal villi had been permanently damaged and could no longer do the job of absorbing food. Malnutrition resulted.
All of these patients were put on a different hypertension drug. Only Benicar had this unfortunate side effect.
Please do not think you are alone.
An attorney will help investigate what Daiichi knew and when it knew it. Profits are one thing, but when they come at the expense of people’s lives, that is quite another. Many of these patients lost up to 40 pounds and they now have a permanent metabolic and nutritional disorders that cannot be reversed.
And while suffering you may have been unable to work and owe doctors and hospitals thousands of dollars.
You can represent yourself in court, but that is rarely advised in complex product liability litigation.
A Benicar lawyer can explain the narrative of the events which put you in the position you are in today. You will need a medical investigator to gather all of the evidence and create a timeline of your symptoms, treatment, costs, and use of Benicar. Ultimately, it is this story that will be presented to a jury or to Daiichi to receive compensation.
You only get one chance to present your story. Your Benicar attorney should understand trial practices and settlement structures. A Benicar attorney will not be willing to settle your case for pennies on the dollar and will be your ally for the long haul.
Besides gastrointestinal issues, you may be facing other physical ailments connected to your use of Benicar.
Other side effects from Benicar can include high levels of potassium in the blood, difficulty breathing or swallowing, stomach pains, and even renal failure in adults and newborns.
A Benicar attorney will understand how to gather all of the evidence, hire experts to verify your complaints and file for discovery from Daiichi Sanyko. Discovery involves researching documents the drug manufacturer has in its files and held electronically that expose what the company knew about adverse events before selling Benicar. A Benicar attorney will file motions before the judge to keep your case headed toward trial.
A Benicar lawyer should have a long list of product liability cases under his or her belt. Product liability means the company made a defective product, was negligent in its manufacture and marketing, and failed to warn doctors about all of the dangers of a drug. Without an informed doctor and with dangers missing from the drugs Instructions for Use, a patient cannot possibly make true informed consent.
Ultimately, it is the lawyer who must convince a jury that the drug’s defects caused your pain and suffering. Make sure he or she has excellent communications skills and is good at keeping you updated on your case and on the status of Benicar litigation.
As it stands currently, multidistrict litigation has been formed to focus just on Benicar lawsuits. The first of those trials should be heard at the end of 2016 in Atlantic County, New Jersey. That is the U.S. home of Daiichi. Your Benicar attorney will explain to you that multidistrict litigation is similar to a class action lawsuit but tiers of injury are determined which receive different levels of compensation. It is likely you will be deposed or interviewed by the drug maker in advance of your trial. Your Benicar attorney will prepare you for that inquisition.
You will need a Benicar attorney to assure your case is among the thousands expected to be filed and that it receives the attention it deserves.