Benicar MDL Judge Denies Plaintiffs’ Request to Move for Partial Summary Judgment on Causation

CAMDEN, N.J. — The judge overseeing the Benicar multidistrict litigation has denied without prejudice plaintiffs’ request to file a motion for partial summary judgment on the issue of general causation, finding defendants’ deposition testimony and exhibits do not constitute incontestable facts upon which to base a summary judgment motion.

On Nov. 9, Judge Robert Kugler of the U.S. District Court for the District of New Jersey further held that defendants’ alleged admissions during discovery cannot substitute for expert testimony to demonstrate general causation.

The MDL involves approximately 1,900 plaintiffs who ingested olmesartan-containing drugs to alleviate hypertension. The drugs are Benicar, …