MASS TORT AMERICA
CLIENT AGGREGATION SERVICES
MASS TORT ALERT
For client aggregation assistance, contact (210) 635-0468 or info@masstortamerica.com.
Predicted Mass Tort Action:
Benicar® (olmesartan) hypertension (high blood pressure)
Potential Defendant(s)
• Primary: Daiichi Sankyo Co., LTD. (4568.TYO); Forest Laboratories, Inc. (FRX).
Primary Defendant Financial Data: Revenues for the full year 2010 of ¥952.1B.
As of March 31, 2010, Daiichi Sankyo had 100 subsidiaries and four associated
companies.
• Secondary: Prescribing Physicians, Testing Laboratories, and other entities in the
distribution chain. Financial Condition Varies, Mostly Insured.
Potential Plaintiffs
Individuals prescribed Benicar®.
Potential Plaintiff Numerosity
Potentially, any of the 900+ million adults worldwide estimated to suffer from
hypertension who may have been prescribed Benicar®.
Potential Plaintiff Claims
Wrongful Death, Permanent Disability, Life-Threatening Permanent Injury, Medical
Malpractice, Defective Product, Failure to adequately warn of risks.
Potential Cause of Action
Manufacturer, physicians and marketing materials may have failed to properly inform
diabetes patients of the risk of permanent injury and death associated with Benicar®
use. The FDA has issued a Warning Letter to the manufacturer for “false or misleading”
product promotion.
Aggravating Circumstance: FDA approved Benicar® in 2002. Two clinical trials
(ROADMAP and ORIENT), indicating the drug may increase the risk of death in patients
with diabetes, is not completed until 2009. During this time, Benicar® is heavily promoted and prescribed for patients with hypertension. In 2010, the FDA announces
“Ongoing Safety Review” of the 2009 clinical trials where patients had “a higher rate of
death from a cardiovascular cause compared to patients taking a placebo.”
Client Origination and Aggregation Challenges
Most of the potential plaintiffs injured by prescription use of Benicar® may not be aware
that Benicar® has caused their injury or the death of their loved one. Although
mainstream media coverage is expected in this case, the issue has yet to be broadly
published in the media and the prescribing physicians are unlikely to inform the injured
patients or patient’s family that the prescription they wrote caused the injury or death.
*Contact us to discuss our client aggregation services (210) 635-0468
info@masstortamerica.com.
Opportunity
The opportunity to be the originator of a mass or class action exists in this issue. Premedia
exposure knowledge of these circumstances presents a unique opportunity for a
plaintiff law firm. *Contact us to discuss our client aggregation services (210) 635-0468
info@masstortamerica.com.
Client Generation Strategy
Internet search engine domination followed by mass press release. This two-pronged
strategy should be sufficient to aggregate a significant number of plaintiffs. Other forms
of advertising including television could be indicated if justified by the plaintiff volume
acquired in the initial plaintiff aggregation phase. *Contact us to discuss our client
aggregation services (210) 635-0468 info@masstortamerica.com.
Disclaimer
If you are not an Attorney this information is not intended for you. If you need legal help,
please seek the advice of an Attorney. If you need medical help, please seek the advice
of a Medical Doctor. No one should discontinue the use of any medication without
seeking the advice of a Medical Doctor.
The information provided in this alert is not intended to be legal advice. This alert is
provided directly to practicing attorneys and is for the sole use of those attorneys.
Further dissemination of this alert is prohibited. It is assumed that the receiving attorney
has the ability to conduct independent research on the information provided and does
not need to rely solely on the provided information for any purpose.
Benicar® is a registered trademark of Daiichi Sankyo, Inc. Mass Tort America is not
affiliated with Benicar ® or Daiichi Sankyo, Inc.
References
http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm215249.htm
http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/EnforcementActivitiesbyFDA/WarningLettersandNoticeofViolationLetterstoPharmaceuticalCompanies/ucm054388.pdf
http://investing.businessweek.com/businessweek/research/stocks/earnings/earnings.asp?ticker=4568:JP
http://www.google.com/finance?q=TYO:4568
http://www.ncbi.nlm.nih.gov/pubmed/15652604
http://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/DrugandBiologicApprovalReports/NMEDrugandNewBiologicApprovals/ucm081683.htm
http://www.reuters.com/article/idUSN1113920620100611
http://www.theheart.org/article/1087567.do
http://www.daiichisankyo.com/
http://www.google.com/finance?q=TYO:4568
http://www.frx.com/
http://www.benicar.com/
http://www.dsi.com/
