$358 Million Settlement in Multidistrict Litigation Against Manufacturer of Benicar

August 2017

Benicar Multi-District Litigation, MDL

In a 2013 Safety Announcement, the FDA warned that the popular blood pressure medication marketed as Benicar, Benicar HCT, Azor, or Tribenzor, can cause severe intestinal problems known as spruce-like enteropathy. Symptoms of spruce-like enteropathy can include chronic diarrhea, weight loss, nausea and vomiting which may become so severe that they require hospitalization, extreme dehydration, kidney failure, and malnourishment. The FDA required that manufacturer Daiichi-Sankyo change its label to provide consumers with a warning of this potential injury.

Robins Kaplan filed dozens of claims against the manufacturer in both Federal and New Jersey State Court and, in April 2015, the federal court cases were consolidated into a multidistrict litigation (MDL) in the District of New York.

Partner Tara Sutton was appointed to the Plaintiff’s Executive Committee and the Chair of the Science Committee. Robins Kaplan mass tort partners were likewise appointed to leadership positions within the MDL. Partner Holly Dolejsi served on the Bellwether Committee of the Benicar (Olmesartan) Multi-District Litigation. Partner Rayna Kessler served as the State/Federal Coordination Chairperson for the Plaintiff Steering Committee. Tara Sutton, along with attorneys from other leadership firms, negotiated a global $358 million settlement.

Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.

Holly H. Dolejsi


Deputy Chair, Mass Tort, Personal Injury and Medical Malpractice Groups
Pronouns: she/her

Tara D. Sutton


Chair, National Mass Tort Group;
Member of Executive Board

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