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This case was last updated from PACER on 06/26/2021 at 08:35:15 (UTC).

Johnson et al v. EISAI, Inc. et al

Case Summary

On April 27, 2021, Christine Johnson and Dennis Johnson (“Plaintiffs”), represented by Richard W. Schulte of Wright & Schulte, filed a personal injury lawsuit against Eisai, Inc., Eisai Co., Ltd., and Arena Pharmaceuticals, Inc., along with Arena Pharmaceuticals GMBH (collectively, “Defendants”), seeking compensatory damages, for alleged failure to warn, alleged breach of warranty and allegedly fraudulently representing Belviq’s defects that caused the Plaintiff to suffer personal injuries. This case was filed in the U.S. District Court in the Northern District of Ohio with Judge John R. Adams presiding. 

 

In its complaint, the Plaintiff alleged that “Defendants were, at all relevant times, responsible for the design, research, manufacture, testing, advertisement, labeling, promotion, marketing, sale, and/or distribution of Belviq. At all relevant times, Defendants knew or should have known that Belviq had not been properly tested, was not safe and/or was not effective for its indicated use. When warning of the safety and risks of Belviq, Defendants negligently misrepresented and/or fraudulently represented to Plaintiffs, the medical and healthcare community, the Food and Drug Administration (hereinafter referred to as “FDA”) and the public in general, that Belviq had been tested and was found to be safe and/or effective for its indicated use despite their knowledge to the contrary. Defendants concealed their knowledge of Belviq’s defects from the Plaintiff Christine Johnson, her prescribing healthcare providers, hospitals, pharmacists, the medical and healthcare community, the FDA, and/or the public in general.”

 

The Plaintiff further alleged that “Defendants’ representations and/or omissions were done with the intent of defrauding and deceiving Plaintiff Christine Johnson, the public in general, and the medical and healthcare community in particular, and were made with the intent of inducing the public in general, and the medical community in particular, to recommend, dispense and/or purchase Belviq for chronic weight management, all of which evinced a callous, reckless, willful, depraved indifference to health, safety, and welfare of the Plaintiff Christine Johnson. Defendants negligently and improperly failed to perform sufficient tests, if any, on humans using Belviq during clinical trials, forcing Plaintiff Christine Johnson, and her prescribing physician, hospitals, and/or the FDA to rely on inaccurate safety and efficacy information relating to Belviq.”

 

The Plaintiff listed out six claims for relief in the complaint. The first claim is for alleged defective design and alleged failure to warn, in violation of Ohio Products Liability Act O.R.C. 2307.71, 2307.72, 2307.73 2307.75, 2307.76. The second claim is for failure to conform to representations in violation of Ohio Products Liability Act O.R.C. 2307.71, 2307.72, 2307.73, 2307.77. The third claim is for alleged breach of express warranty under Uniform Commercial Code O.R.C. 1302.26. The fourth claim is for alleged breach of implied warranty of merchantability under Uniform Commercial Code O.R.C. 1302.27. The fifth claim is for alleged fraudulent misrepresentation. The sixth claim is for alleged loss of consortium.

 

In the prayer for relief, the Plaintiff requested the Court to award compensatory damages to Plaintiffs for past and future damages, including but not limited to pain and suffering for severe and permanent personal injuries sustained by the Plaintiff Christine Johnson, health care costs, medical monitoring, together with interest and costs as provided by law; punitive and/or exemplary damages, including but not limited to R.S. 3207.80, for the wanton, willful, fraudulent, reckless acts of the Defendants; award Plaintiffs reasonable attorneys’ fees, litigation costs and Pre and post-judgment interest.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00876

  • Filing Date:

    04/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Ohio Northern District

Judge Details

Presiding Judge

John R. Adams

 

Party Details

Plaintiffs

Christine Johnson

Dennis Johnson

Defendants

Arena Pharmaceuticals, GMBH

EISAI, Inc.

Arena Pharmaceuticals, Inc.

EISAI Co., Ltd.

Attorney/Law Firm Details

Plaintiff Attorney

Richard W. Schulte

Attorney at Wright & Schulte

865 South Dixie Drive

Vandalia, OH 45377

Defendant Attorneys

Jennifer L. Steinmetz

Attorney at Tucker Ellis - Cleveland

950 Main Avenue

Cleveland, OH 44113

Edward E. Taber

Attorney at Tucker Ellis - Cleveland

950 Main Avenue

Cleveland, OH 44113

Joyce D. Edelman

Attorney at Porter, Wright, Morris & Arthur - Columbus

29Th Floor, 41 South High Street

Columbus, OH 43215

 

Court Documents

#12

(#12) Corporate Disclosure Statement filed by Arena Pharmaceuticals, Inc.. (Edelman, Joyce) (Entered: 06/25/2021)

#10

(#10) Corporate Disclosure Statement identifying Corporate Parent Eisai Corporation of North America for EISAI, Inc. filed by EISAI, Inc.. (Steinmetz, Jennifer) (Entered: 06/25/2021)

#9

(#9) Marginal Entry Order granting #8 Defendant Arena's Motion for Extension of Time to Answer. Answer due 6/25/2021. Judge John R. Adams on 5/26/2021.(L,J) (Entered: 05/26/2021)

#8

(#8) Unopposed Motion for extension of time until 6/25/2021 to answer to Move, Plead or Otherwise Respond to Plaintiffs' Complaint filed by Defendant Arena Pharmaceuticals, Inc.. Related document(s) #1 . (Edelman, Joyce) (Entered: 05/25/2021)

#7

(#7) Marginal Entry Order granting #6 Eisai's Motion for Extension of Time to Answer. Answer due 6/25/2021 for both Eisai entities. Judge John R. Adams on 5/13/2021.(L,J) (Entered: 05/13/2021)

#6

(#6) Motion for extension of time until June 25, 2021 to answer or Otherwise Respond to Plaintiffs' Complaint filed by EISAI Co., Ltd., EISAI, Inc.. Related document(s) #1 . (Steinmetz, Jennifer) (Entered: 05/12/2021)

#5

(#5) Attorney Appearance by Edward E. Taber filed by on behalf of EISAI Co., Ltd., EISAI, Inc.. (Taber, Edward) (Entered: 05/11/2021)

#4

(#4) Attorney Appearance by Jennifer L. Steinmetz filed by on behalf of EISAI Co., Ltd., EISAI, Inc.. (Steinmetz, Jennifer) (Entered: 05/11/2021)

#3

(#3) Civil Cover Sheet, filed by Christine Johnson, Dennis Johnson. Related document(s) #1 . (Schulte, Richard) (Entered: 04/30/2021)

 

Docket Entries

  • 06/25/2021
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  • Docket(#13) Motion to dismiss Defendant Arena Pharmaceuticals, Inc.'s Motion for Partial Dismissal of the Plaintiffs' Complaint Under Federal Rules of Civil Procedure 12(b)(6) and 9(b) filed by Defendant Arena Pharmaceuticals, Inc.. (Attachments: #1 Brief in Support Memorandum of Law in Support)(Edelman, Joyce) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#12) Corporate Disclosure Statement filed by Arena Pharmaceuticals, Inc.. (Edelman, Joyce) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#11) Motion to dismiss case Defendant Eisai Inc.'s Motion for Partial Dismissal of the Complaint Under Federal Rules of Civil Procedure 12(b)(6) and 9(b) filed by Defendant EISAI, Inc.. Related document(s) #1 . (Attachments: #1 Brief in Support Memorandum of Law in Support of Motion for Partial Dismissal of the Complaint Under Federal Rules of Civil Procedure 12(b)(6) and 9(b))(Steinmetz, Jennifer) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#10) Corporate Disclosure Statement identifying Corporate Parent Eisai Corporation of North America for EISAI, Inc. filed by EISAI, Inc.. (Steinmetz, Jennifer) (Entered: 06/25/2021)

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  • 05/26/2021
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  • Docket(#9) Marginal Entry Order granting #8 Defendant Arena's Motion for Extension of Time to Answer. Answer due 6/25/2021. Judge John R. Adams on 5/26/2021.(L,J) (Entered: 05/26/2021)

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  • 05/25/2021
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  • Docket(#8) Unopposed Motion for extension of time until 6/25/2021 to answer to Move, Plead or Otherwise Respond to Plaintiffs' Complaint filed by Defendant Arena Pharmaceuticals, Inc.. Related document(s) #1 . (Edelman, Joyce) (Entered: 05/25/2021)

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  • 05/13/2021
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  • Docket(#7) Marginal Entry Order granting #6 Eisai's Motion for Extension of Time to Answer. Answer due 6/25/2021 for both Eisai entities. Judge John R. Adams on 5/13/2021.(L,J) (Entered: 05/13/2021)

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  • 05/12/2021
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  • Docket(#6) Motion for extension of time until June 25, 2021 to answer or Otherwise Respond to Plaintiffs' Complaint filed by EISAI Co., Ltd., EISAI, Inc.. Related document(s) #1 . (Steinmetz, Jennifer) (Entered: 05/12/2021)

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  • 05/11/2021
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  • Docket(#5) Attorney Appearance by Edward E. Taber filed by on behalf of EISAI Co., Ltd., EISAI, Inc.. (Taber, Edward) (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#4) Attorney Appearance by Jennifer L. Steinmetz filed by on behalf of EISAI Co., Ltd., EISAI, Inc.. (Steinmetz, Jennifer) (Entered: 05/11/2021)

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  • 04/30/2021
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  • Docket(#3) Civil Cover Sheet, filed by Christine Johnson, Dennis Johnson. Related document(s) #1 . (Schulte, Richard) (Entered: 04/30/2021)

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  • 04/27/2021
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  • Docket(#2) Original Summons and Magistrate Consent Form issued to counsel for service upon Arena Pharmaceuticals, Inc., and EISAI, Inc. (Attachments: #1 Magistrate Consent Form) (D,Ju) (Entered: 04/27/2021)

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  • 04/27/2021
  • DocketRandom Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (D,Ju) (Entered: 04/27/2021)

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  • 04/27/2021
  • DocketJudge John R. Adams assigned to case. (D,Ju) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#1) Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-10802213.. Filed by Christine Johnson, Dennis Johnson. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Schulte, Richard) (Entered: 04/27/2021)

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