This case was last updated from PACER on 06/05/2021 at 10:25:13 (UTC).

Martinez v. EISAI, Inc et al

Case Summary

On April 6, 2021, Jazmin Martinez (“Plaintiff”) represented by Daniel James Thornburgh of Aylstock, Witkin, Kreis & Overholtz, PLLC filed a personal injury suit against Eisai, Inc., Eisai Co., Ltd. (hereinafter collectively referred to as “Eisai”), Arena Pharmaceuticals GmbH, and Arena Pharmaceuticals, Inc. (hereinafter collectively referred to as “Arena” and collectively with Eisai referred to as “Defendants”) due to the alleged injury suffered as a result of her use of Belviq, manufactured and designed by the Defendants. This case was filed in the U.S. District Courts for the Middle District of Florida with Judges Embry J. Kidd and Paul G. Byron presiding.

 

The Plaintiff alleged that “Belviq, also known as lorcaserin hydrochloride, as an adjunct to reduced-calorie diet and increased physical activity for chronic weight management. Defendants concealed their knowledge of Belviq’s defects, from Plaintiff Jazmin Martinez, her prescribing physicians, her healthcare providers, hospitals, pharmacists, the medical and healthcare community, and/or the public in general.”

 

In its complaint, the Plaintiff has alleged that “When warning of safety and risks of Belviq, Defendants negligently misrepresented and/or fraudulently represented to Plaintiff, 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 Plaintiff Jazmin Martinez, her prescribing physicians, her healthcare providers, hospitals, pharmacists, the medical and healthcare community, and/or the public in general.”

 

Plaintiff has further alleged that “As a result of the foregoing acts and omissions, the Plaintiff Jazmin Martinez was and still is caused to suffer serious and dangerous side effects including, inter alia, colon cancer, as well as other severe and personal injuries which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life, as well as the need for lifelong medical treatment, monitoring and/or medications, and fear of developing any of the above named health consequences.”

 

There are eight claims for relief laid down by the Plaintiff. The first claim is for alleged negligence committed by the Defendants knowingly. The second claim against defendant is for the alleged strict product liability. The third claim is for the alleged breach of express warranty. The fourth claim is for the alleged breach of implied warranties. The fifth claim is for alleged fraudulent misrepresentations. The sixth claim is for alleged fraudulent concealment. The seventh claim is for alleged negligent misrepresentation. The eighth claim is for alleged fraud and deceit.

 

In its prayer for relief, the Plaintiff has requested for the Court to award compensatory damages, including but not limited to pain and suffering for severe and permanent personal injuries sustained by the Plaintiff, including but not limited to pain and suffering for severe and permanent personal injuries sustained by the Plaintiff. The Plaintiff has also requested the Court to award punitive and/or exemplary damages for the allegedly wanton, willful, fraudulent, reckless acts of the Defendants along with reasonable attorney’s fees, cost of proceedings and any other relief that the Court deems just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00615

  • Filing Date:

    04/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

Judge Details

Referral Judge

Embry J. Kidd

Presiding Judge

Paul G. Byron

 

Party Details

Plaintiff

JAZMIN MARTINEZ

Defendants

ARENA PHARMACEUTICALS GmbH

ESAI, INC.

ESAI CO., LTD.

ARENA PHARMACEUTICALS, INC.

ESAI, Co., Ltd.

EISAI, Inc.

EISAI Co., Ltd.

Attorney/Law Firm Details

Plaintiff Attorney

Daniel James Thornburgh

Attorney at Aylstock, Witkin, Kreis & Overholtz, PLLC

17 E Main St Ste 200

Pensacola, FL 32502-5998

Defendant Attorneys

Alan E. Rothman

Attorney at Sidley Austin LLP

787 Seventh Avenue

New York, NY 10019

Drew Martin Levin

Attorney at Conroy Simberg

2Nd Floor, 3440 Hollywood Blvd

Hollywood, FL 33021

Anitra F. Raiford

Attorney at Shook, Hardy & Bacon, LLP

100 N Tampa St Ste 2900

Tampa, FL 33602-5810

Jonathan Calmus Abel

Attorney at Conroy Simberg

3440 Hollywood Blvd, Second Floor

Hollywood, FL 33021

Nicole Farinas Soto

Attorney at Conroy, Simberg, Ganon, Krevans & Abel, LLP

Suite 900, 201 E Kennedy Blvd

Tampa, FL 33602

Heidi Levine

Attorney at Sidley Austin LLP

787 Seventh Avenue

New York, NY 10019

Brian T. Guthrie

Attorney at Shook, Hardy & Bacon, LLP

100 N Tampa St Ste 2900

Tampa, FL 33602-5810

 

Court Documents

#28

#27

#26

#25

#22

#21

10 #2

Proposed Summons EISAI CO LTD

10 #1

Proposed Summons EISAI INC

#10

#6

#5

#4

#3

1 #4

Proposed Summons

1 #3

Proposed Summons

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

#1

28 More Documents Available
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Docket Entries

  • 06/03/2021
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  • Docket(#28) NOTICE of Joinder in Defendant EISAI, Inc. 's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law by Arena Pharmaceuticals, Inc. re #26 MOTION to Dismiss Plaintiff's Complaint and Demand for Jury Trial and Incorporated Memorandum of Law (Abel, Jonathan) Modified text on 6/4/2021 (MEJ). (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#27) MOTION to Dismiss #10 Amended Complaint by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) Modified text on 6/4/2021 (MEJ). (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#26) Partial MOTION to Dismiss #10 Amended Complaint and Demand for Jury Trial and Incorporated Memorandum of Law by EISAI, Inc. (Raiford, Anitra) Modified text on 6/4/2021 (MEJ). (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#25) NOTICE of a related action per Local Rule 1.07(c) by EISAI, Inc.. Related case(s): Yes (Raiford, Anitra) (Entered: 06/03/2021)

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  • 05/12/2021
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  • Docket(#24) ORDER granting #21;#22 Defendant Arena Pharmaceuticals, Inc.'s Unopposed Motions for Heidi Levine, Esq. and Alan E. Rothman, Esq. to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 5/12/2021. (JLS) Modified text on 5/13/2021 (MEJ). (Entered: 05/12/2021)

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  • 05/11/2021
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  • Docket(#23) RETURN of service executed on April 19, 2021 by Jazmin Martinez as to Arena Pharmaceuticals, Inc.. (Thornburgh, Daniel) (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#22) MOTION for Alan E. Rothman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18237909 for $150 by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 05/11/2021)

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  • 05/11/2021
  • DocketSet/reset deadlines/hearings: Response to Amended Complaint due by 6/3/2021. (MEJ) (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#21) MOTION for Heidi Levine to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18237795 for $150 by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#20) NOTICE of Appearance by Brian T. Guthrie on behalf of EISAI, Inc. (Guthrie, Brian) (Entered: 05/10/2021)

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9 More Docket Entries
  • 05/04/2021
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  • Docket(#10) AMENDED COMPLAINT against Arena Pharmaceuticals GmbH, Arena Pharmaceuticals, Inc., EISAI INC, EISAI CO LTD with Jury Demand. filed by Jazmin Martinez. (Attachments: #1 Proposed Summons EISAI INC, #2 Proposed Summons EISAI CO LTD)(Thornburgh, Daniel) (Entered: 05/04/2021)

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  • 04/26/2021
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  • Docket(#9) ENDORSED ORDER denying #8 Plaintiff's Motion to Correct Complaint and Issue Corrected Summons. Plaintiff is instructed review Federal Rule of Civil Procedure 15(a). Signed by Magistrate Judge Embry J. Kidd on 4/26/2021. (JLS) (Entered: 04/26/2021)

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  • 04/22/2021
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  • Docket(#8) MOTION to Correct #1 Complaint, & Issue Corrected Summons by Jazmin Martinez. (Attachments: #1 Exhibit Complaint face page, #2 Exhibit Summons-EISAI, INC., #3 Exhibit Summons-EISAI CO., LTD.)(Thornburgh, Daniel) (Entered: 04/22/2021)

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  • 04/19/2021
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  • Docket(#7) NOTICE of a related action per Local Rule 1.07(c) by Jazmin Martinez. Related case(s): Yes (Thornburgh, Daniel) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#6) CERTIFICATE of interested persons and corporate disclosure statement re #4 Order by Jazmin Martinez. (Thornburgh, Daniel) Modified text on 4/20/2021 (MEJ). (Entered: 04/19/2021)

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  • 04/13/2021
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  • Docket(#5) ORDER on Discovery Motions. Signed by Magistrate Judge Embry J. Kidd on 4/13/2021. (JLS) (Entered: 04/13/2021)

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  • 04/07/2021
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  • Docket(#4) INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 4/7/2021. (GNB) copies e-mailed (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#3) SUMMONS issued as to All Defendants. (MEJ) (Entered: 04/07/2021)

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  • 04/07/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:21-cv-0615-PGB-EJK. (SJB) (Entered: 04/07/2021)

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  • 04/06/2021
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  • Docket(#1) COMPLAINT against ARENA PHARMACEUTICALS GmbH, ARENA PHARMACEUTICALS, INC., ESAI CO., LTD., ESAI, INC. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18099272) filed by JAZMIN MARTINEZ. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons)(Thornburgh, Daniel) (Entered: 04/06/2021)

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