A Benicar HCT lawsuit that was filed in state court in San Diego has been removed to federal court. The move was made based on technicalities regarding jurisdiction. The plaintiff is a resident of San Diego and the defendant, Daiichi Sankyo, is incorporated in Delaware. This does not mean that this case will be heard in federal court. A federal judge may decide that the case should be heard in state court and send it back to the California system. That’s what happened with several Benicar HCT cases that were filed in New Jersey – a federal judge there sent the lawsuits back to the state courts.
This Benicar HCT lawsuit was filed because the plaintiff claims that using this medication led to several health problems, some of them potentially permanent. The plaintiff also claimed that the makers of Benicar HCT either knew or should have known about these risks when they were marketing this product. A look at the original complaint that was filed in the Superior Court of California, County of San Diego indicates that the plaintiff allegedly suffers from the following conditions as a result of using Benicar HCT:
- Sprue-like enteropathy
- Lymphocytic colitis
- Chronic diarrhea
- Microscopic colitis
- Weight loss
The plaintiff further alleges that neither she nor her doctor attributed these problems to using Benicar HCT because her doctor was not aware of the risks associated with this medication at the time.
The lawsuit also puts forth several causes of action, which are basically legal theories as to why Daiichi Sankyo should be responsible for the damages the plaintiff suffered. These causes of action include:
- Strict products liability
- Intentional misrepresentation
- Negligent misrepresentation
- Breach of express warranties
- Breach of implied warranties
- Loss of consortium for the husband of the woman who used Benicar HCT
In addition, the plaintiff seeks 10 different forms of damages based on these different causes of action from Daiichi Sankyo, including:
- Compensatory general and special damages
- Punitive damages
- Contractual, consequential and incidental damages
- Prejudgment interest
- Costs of the lawsuit
- Other relief the court deems proper
About Benicar HCT
Benicar is a medication that’s used for hypertension, and it has been available to American consumers for more than 10 years. However, the FDA last year issued a public warning detailing the potential link between the use of this medication and the development of sprue-like enteropathy. In addition, at least one study was published regarding the potential for people using Benicar HCT to develop what was believed to be a condition consistent with celiac disease. Several different Benicar HCT lawsuits have been filed across the United States, as referenced above with the cases filed in New Jersey.
Benicar HCT Lawsuits and Your Legal Rights
If you or someone you love has used this medication and you’ve suffered as a result, you need to take steps to protect yourself. Contact the Benicar HCT lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.