Two product liability cases filed on the same day in the same place for the same reason are being transferred back to state court where the cases were originally after both being transferred to federal court. The remand to state court was petitioned by both plaintiffs and was duly granted on the basis of the forum defendant rule, but their request to be compensated for legal costs incurred in the maneuvering over the venue was denied.
The separate cases filed against Benicar principals Daiichi Sankyo and Forest Laboratories by plaintiffs George and Martha Williams from Texas and Shelly and Abu Rahman from Pennsylvania were initially filed in the Atlanta County Law Division of the Superior Court of New Jersey in February 2014. The cases were filed in New Jersey because Daiichi Sankyo is based there, as is Forest Research Institute. As suggested in http://www.williamskherkher.com/houston-personal-injury/, both cases alleged that the defendants were negligent in failing to warn and failing to adequately test the product for safety.
Benicar (olmesartan) is a drug from a class of hypertension medication called angiotensin II receptor blockers (ARBs) or sartan. This particular brand was developed by the Japanese drug company Sankyo for distribution in the US in partnership with Forest Labs. Sankyo won Food and Drug Administration (FDA) approval for the drug in 2002, and by 2012 was filling more than 10 million Benicar prescriptions.
In that same year, however, doctors at the Mayo Clinic finally figured out that what was causing a condition called sprue-like enteropathy in 22 of their patients was Benicar. Having ruled out celiac sprue (or celiac disease) as the cause of gastrointestinal problems of these patients, doctors turned to finding out what the patients all had in common. It turned out that all 22 patients were on Benicar, and when it was discontinued, so did the symptoms. By July 2013, the FDA was issuing warnings, and the first lawsuits were being prepared.
If you suffer serious symptoms of sprue-like enteropathy from using Benicar, you may be eligible to get financial compensation for your health problems. Contact a reputable Benicar lawyer in your area to find out more.