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This case was last updated from PACER on 06/06/2021 at 08:39:45 (UTC).

Milana et al v. Eisai, Inc. et al

Case Summary

On April 7, 2021, Mary Milana and Vector Milana (“Plaintiffs”), represented by Neil Edward McWilliams, Jr. of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, PA filed a personal injury lawsuit against Eisai, Inc; Eisai Co. Ltd; Arena Pharmaceuticals Gmbh; and Arena Pharmaceuticals, Inc (“Defendants”) seeking compensatory, punitive and exemplary damages for alleged severe and permanent personal injuries. This case was filed in the U.S. District Courts for the Middle District of Florida with Judges Charlene Edwards Honeywell and Anthony E. Porcelli presiding. 

 

In its complaint, the Plaintiffs alleged that “At all relevant times, Defendants were in the business of and did design, research, manufacture, test, advertise, promote, market, sell, and/or distribute Belviq and lorcaserin hydrochloride for chronic weight management,” and “On June 27, 2012, the FDA approved Defendant request to market and sell Belviq in the United States as an adjunct to reduced-calorie diet and increased physical activity for chronic weight management in adult patients with a BMI greater than or equal to 30 kg/m2  or adult patients with a BMI greater than or equal to 27 kg/m2 and at least one weight-related comorbid condition.”

 

The Plaintiffs further alleged that “During the preclinical trial program for Belviq, Defendants conducted a two-year carcinogenicity study in rats (hereinafter referred to as the “two-year carcinogenicity rat study”) in which lorcaserin was identified as a non-genotoxic carcinogen that induced multiple tumor types; this identification was primarily due to an increase in mammary tumors found in both sexes near clinical exposure and in female rats at all doses in female rats,” and “Defendants attributed the increased incidence of tumors seen in the two-year carcinogenicity rat study to elevated prolactin levels induced by lorcaserin in rats, which they claim was a rodent-specific phenomenon.”

 

The Plaintiffs further alleged that “Defendants knew or should have known that consumers such as the Plaintiff Mary Milana would foreseeably suffer injury as a result of their failure to exercise ordinary care, as set forth herein,” and “Defendants breached their duties to Plaintiffs by failing to exercise ordinary care in the designing, researching, manufacturing, marketing, supplying, promoting, packaging, sale, testing, quality assurance, quality control, and/or distribution of Belviq into interstate commerce in that Defendants knew or should have known that using Belviq created a high risk of unreasonable, dangerous side effects, including cancer, that caused severe and personal injuries that 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 redeveloping cancer.”

 

There are six causes of action laid down by the Plaintiffs against the Defendants. The first cause of action is for alleged negligence; the second cause of action is for strict products liability - alleged defective design and alleged failure to warn; the third cause of action is for alleged breach of express warranty; the fourth cause of action is for alleged fraudulent misrepresentation and concealment; the fifth cause of action is for alleged negligent misrepresentation; and the sixth cause of action is for alleged loss of consortium on behalf of the Plaintiffs.

 

In its prayer for relief, the Plaintiffs have requested the court to award compensatory, punitive, and exemplary damages for the alleged wanton, willful, fraudulent, reckless acts of the Defendants, and other further relief as this Court deems just and proper along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-00831

  • Filing Date:

    04/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Middle District

Judge Details

Presiding Judge

Charlene Edwards Honeywell

Referral Judge

Anthony E. Porcelli

 

Party Details

Plaintiffs

Mary Milana

Victor Milana

Defendants

Arena Pharmaceuticals GmbH

Eisai, Inc.

Eisai Co., Ltd.

Arena Pharmaceuticals, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Neil Edward McWilliams, Jr.

Attorney at Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, PA

316 S Baylen St - Ste 600, Po Box 12308

Pensacola, FL 32502

Defendant Attorneys

Anitra F. Raiford

Attorney at Shook, Hardy & Bacon, LLP

100 N Tampa St Ste 2900

Tampa, FL 33602-5810

Brian T. Guthrie

Attorney at Shook, Hardy & Bacon, LLP

100 N Tampa St Ste 2900

Tampa, FL 33602-5810

Alan E. Rothman

Attorney at Sidley Austin LLP

787 Seventh Avenue

New York, NY 10019

Nicole Farinas Soto

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

Suite 900, 201 E Kennedy Blvd

Tampa, FL 33602

Jonathan Calmus Abel

Attorney at Conroy Simberg

3440 Hollywood Blvd, Second Floor

Hollywood, FL 33021

Heidi Levine

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

 

Court Documents

23 #5

Exhibit Stanton v. Wells Fargo Order

23 #4

Exhibit Interested Parties Response to Motion to Transfer

23 #3

Exhibit Defendants Memorandum in Opp to Motion to Transfer Actions

23 #2

Exhibit In Re: Belviq (Lorcaserin HCI) Prods. Liab. Litig., No. 3005, Doc. 2

23 #1

Exhibit In Re: Belviq (Lorcaserin HCI) Prods. Liab. Litig., No. 3005, Doc. 1

#23

(#23) Joint MOTION for Extension of Time to File Case Management Report with Memorandum of Law by Eisai, Inc. (Attachments: #1 Exhibit In Re: Belviq (Lorcaserin HCI) Prods. Liab. Litig., No. 3005, Doc. 1, #2 Exhibit In Re: Belviq (Lorcaserin HCI) Prods. Liab. Litig., No. 3005, Doc. 2, #3 Exhibit Defendants Memorandum in Opp to Motion to Transfer Actions, #4 Exhibit Interested Parties Response to Motion to Transfer, #5 Exhibit Stanton v. Wells Fargo Order)(Raiford, Anitra) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 6/4/2021 (MCB). (Entered: 06/04/2021)

#22

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

#21

(#21) MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) (Entered: 06/01/2021)

#19

(#19) MOTION to Dismiss Complaint and Demand for Jury Trial and Incorporated Memorandum of Law by Eisai, Inc.. (Raiford, Anitra) (Entered: 06/01/2021)

#9

(#9) CORPORATE Disclosure Statement by Eisai, Inc. identifying Other Affiliate Eisai Co., Ltd., Other Affiliate Eisai Corporation of North America for Eisai, Inc... (Raiford, Anitra) (Entered: 04/26/2021)

#8

(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Arena Pharmaceuticals, Inc., Eisai, Inc. (Raiford, Anitra) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text only per counsel on 4/27/2021 (CTR). (Entered: 04/26/2021)

#7

(#7) SUMMONS RETURNED EXECUTED/PROOF of service as to ARENA PHARMACEUTICALS, INC. by Mary Milana (McWilliams, Neil) Modified on 4/9/2021 (CTR). (Entered: 04/09/2021)

#6

(#6) SUMMONS RETURNED EXECUTED/PROOF of service as to EISAI Inc. by Mary Milana (McWilliams, Neil) Modified on 4/9/2021 (CTR). (Entered: 04/09/2021)

#5

(#5) NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) (Entered: 04/08/2021)

#3

(#3) SUMMONS issued as to Arena Pharmaceuticals GmbH, Arena Pharmaceuticals, Inc., Eisai Co., Ltd., and Eisai, Inc. (JLD) (Entered: 04/07/2021)

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

#1

(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Arena Pharmaceuticals, Inc., Eisai, Inc. (Raiford, Anitra) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text only per counsel on 4/27/2021 (CTR). (Entered: 04/26/2021)

16 More Documents Available
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Docket Entries

  • 06/04/2021
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  • Docket(#23) Joint MOTION for Extension of Time to File Case Management Report with Memorandum of Law by Eisai, Inc. (Attachments: #1 Exhibit In Re: Belviq (Lorcaserin HCI) Prods. Liab. Litig., No. 3005, Doc. 1, #2 Exhibit In Re: Belviq (Lorcaserin HCI) Prods. Liab. Litig., No. 3005, Doc. 2, #3 Exhibit Defendants Memorandum in Opp to Motion to Transfer Actions, #4 Exhibit Interested Parties Response to Motion to Transfer, #5 Exhibit Stanton v. Wells Fargo Order)(Raiford, Anitra) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 6/4/2021 (MCB). (Entered: 06/04/2021)

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  • 06/03/2021
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  • Docket(#22) 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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  • 06/01/2021
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  • Docket(#21) MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) (Entered: 06/01/2021)

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  • 06/01/2021
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  • Docket(#20) NOTICE by Arena Pharmaceuticals, Inc. re #19 MOTION to Dismiss Complaint and Demand for Jury Trial and Incorporated Memorandum of Law of Joinder (Abel, Jonathan) (Entered: 06/01/2021)

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  • 06/01/2021
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  • Docket(#19) MOTION to Dismiss Complaint and Demand for Jury Trial and Incorporated Memorandum of Law by Eisai, Inc.. (Raiford, Anitra) (Entered: 06/01/2021)

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  • 05/11/2021
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  • Docket(#18) ENDORSED ORDER granting #16 Motion to Appear Pro Hac Vice; granting #17 Motion to Appear Pro Hac Vice. Attorneys Heidi Levine and Alan E. Rothman may appear pro hac vice on behalf of Defendant Arena Pharmaceuticals, Inc. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 5/11/2021. (JMF) (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#17) MOTION for Alan E. Rothman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18238033 for $150 by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) Motions referred to Magistrate Judge Anthony E. Porcelli. (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#16) MOTION for Heidi Levine to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18237977 for $150 by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) Motions referred to Magistrate Judge Anthony E. Porcelli. (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#15) CORPORATE Disclosure Statement by Arena Pharmaceuticals, Inc. (Abel, Jonathan) Modified text on 5/10/2021 (MCB). (Entered: 05/10/2021)

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  • 04/29/2021
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  • Docket(#14) NOTICE of Appearance by Nicole Farinas Soto on behalf of Arena Pharmaceuticals, Inc. (Soto, Nicole) (Entered: 04/29/2021)

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3 More Docket Entries
  • 04/26/2021
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  • Docket(#10) NOTICE of Appearance by Brian T. Guthrie on behalf of Eisai, Inc. (Guthrie, Brian) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#9) CORPORATE Disclosure Statement by Eisai, Inc. identifying Other Affiliate Eisai Co., Ltd., Other Affiliate Eisai Corporation of North America for Eisai, Inc... (Raiford, Anitra) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Arena Pharmaceuticals, Inc., Eisai, Inc. (Raiford, Anitra) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text only per counsel on 4/27/2021 (CTR). (Entered: 04/26/2021)

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  • 04/09/2021
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  • Docket(#7) SUMMONS RETURNED EXECUTED/PROOF of service as to ARENA PHARMACEUTICALS, INC. by Mary Milana (McWilliams, Neil) Modified on 4/9/2021 (CTR). (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#6) SUMMONS RETURNED EXECUTED/PROOF of service as to EISAI Inc. by Mary Milana (McWilliams, Neil) Modified on 4/9/2021 (CTR). (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#5) NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) (Entered: 04/08/2021)

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  • 04/08/2021
  • Docket(#4) NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) (Entered: 04/08/2021)

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  • 04/07/2021
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  • Docket(#3) SUMMONS issued as to Arena Pharmaceuticals GmbH, Arena Pharmaceuticals, Inc., Eisai Co., Ltd., and Eisai, Inc. (JLD) (Entered: 04/07/2021)

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  • 04/07/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-0831-CEH-AEP. (SJB) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#1) COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18102738) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(McWilliams, Neil) (Entered: 04/07/2021)

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