JPML Enters Transfer Order: Benicar Products Liability MDL Moves to New Jersey

The panel orders from the March hearing of the Judicial Panel on Multi-District Litigation (JPML) have been posted. In keep with a potential trend noted after the January hearing orders were posted, the JPML denied more motions to transfer than it granted.

Of particular note is the Transfer Order entered in MDL 2606, In Re: Benicar (Olmesartan) Products Liability Litigation. The Benicar products liability litigation, involving claims that “Benicar or its sister drugs (Benicar HCT and Azor)  may cause serious gastrointestinal injury, including sprue-like enteropathy, lymphocytic colitis, microscopic colitis, and collagenous colitis,”  will be transferred to the District of New Jersey, with the Honorable Robert B. Kugler, United States District Judge, presiding.  The JPML noted that similar litigation is proceeding before the Superior Court of New Jersey.

The transfer to New Jersey makes it less likely that potential foreign plaintiffs will avail themselves of the state court complex litigation, instead of the MDL.

Defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings Inc., Forest Research Institute, Inc., Forest Pharmaceuticals, Inc., and Forest Laboratories, LLC opposed centralization of these action.