Law

Class Action Lawsuits and Pharmaceutical Merits

Benicar Class Action Lawsuits are filed by individuals who suffer from digestive system problems such as IBS, Crohn’s Disease, ulcerative colitis or irritable bowel syndrome. These digestive problems are known to produce or aggravate abdominal pain, bloating, constipation, diarrhea and vomiting. In the past, these symptoms were often ignored and left untreated in the hopes that it would go away on its own. However, recent studies have discovered a connection between the overuse of prescription pain killers and gastrointestinal problems.

Benicar Class Action Lawsuit

Most of the people who file Benicar Class Action Lawsuits suffer from one common complaint extreme and prolonged pressure on the lower esophageal sphincter (LES). The lower esophageal sphincter (LES) is located between the esophagus and the stomach. This muscle is naturally supposed to remain closed to eat in order to keep the food contents that enter the stomach from moving back up into the esophagus. However, prolonged and repeated pressure caused by abdominal pressure, obesity and excessive stress, medications, poor diet, pregnancy and some emotional disorders can damage the LES resulting in heartburn, regurgitation, nausea, chronic pressure, chronic diarrhea, vomiting, severe gastrointestinal bleeding and even scarring of the esophagus.

There are two class action lawsuit plaintiffs who are victims of this particular condition and they are named as Jane Doe and her husband, Richard Doe.

Jane and Richard are both diagnosed with IBS or Irritable Bowel Syndrome. Richard Doe also suffers from Crohn’s Disease. Jane’s brother also shares a similar complaint with the same family, wherein his family members suffer from the same digestive complaints such as frequent heartburn, chronic diarrhea, constipation and chronic vomiting. These complaints were documented in the original complaint, which was filed by the plaintiff’s attorney on behalf of the individual plaintiffs. The federal court has jurisdiction over health related issues and all parties are expected to follow the appropriate procedures when filing their complaints.

A pretrial conference was scheduled for the plaintiff and her husband Richard.

During this meeting the judge asked both the plaintiffs’ attorneys about the class actions. According to the lawyers for the class actions should be filed on behalf of all the plaintiffs, who are diagnosed with these diseases. Apparently the judge was not satisfied with this answer because he ordered the class actions to be filed individually. This is an issue that is usually settled out of court.

There was another instance where a plaintiff tried to file a class action lawsuit against a pharmaceutical company.

Her daughter had been prescribed a blood pressure medication by her doctor. The doctor had written prescriptions for the medication in her chart that included instructions on how to dose the medication. The plaintiff tried to file a class action lawsuit against the pharmaceutical company but this did not work out well as the pharmacist testified in court that there was no specific instructions on the dosage of this particular medication. This resulted in the dismissal of her lawsuit.

Class action lawsuits filed under a mis-sold patent or mis-selling a pharmaceutical product can have huge monetary rewards.

Many times they result in very large monetary awards that enable victims to pay for medical expenses and lost wages. If you have been a victim of either of these scenarios, it is important to contact an attorney experienced in filing these types of legal actions.

By Ricky

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