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This case was last updated from PACER on 06/11/2021 at 16:18:54 (UTC).

Scala v. Eisai, Inc. et al

Case Summary

On April 12, 2021, Colleen Scala (“Plaintiff”) represented by David Patrick Dearing of Beasley, Allen, Crow, Methvin, Portis & Miles, PC filed a personal injury lawsuit against Defendant Eisai, Inc., Eisai Co., Ltd. (“Eisai”), Arena Pharmaceuticals GmbH and Arena Pharmaceuticals, Inc., (“Arena”) (collectively, “Defendants”) seeking compensatory and punitive damages for the alleged injuries suffered due to Belviq manufactured & distributed by the Defendants. This case was filed in the U.S. District Court for the Middle District of Florida with Judges Philip R. Lammens and James S. Moody, Jr. presiding. 

 

In the complaint, the Plaintiff has alleged that “Prior to applying for and obtaining approval of Belviq in 2012, Defendants Arena and Eisai knew or should have known that human consumption of Belviq was associated with significant risks of cancer. Defendants possessed pre-clinical scientific studies, which evidence Defendants knew or should have known that the cancer implications required further testing and studies prior to its introduction to the market. Upon information and belief, despite Defendants’ knowledge of cancer findings in animal carcinogenicity studies, they each failed to adequately conduct complete and proper testing of Belviq prior to seeking FDA approval for Belviq.”

 

The Plaintiff has further alleged that “Upon information and belief, from the date Defendants received FDA approval to market Belviq, Defendants Arena and Eisai devised a plan to manufacture, distribute, market, and sell Belviq without adequate warnings to prescribing physicians or Plaintiff that Belviq was associated with and/or could cause cancer; presented a risk of cancer in patients who used it; and that Defendants Arena and Eisai had not adequately conducted complete and proper testing and studies of Belviq with regard to carcinogenicity. Defendants’ failure to disclose information that they possessed regarding failure to adequately test and study Belviq for cancer risk further rendered warnings for this medication inadequate.” “Defendants Arena’s and Eisai’s conduct described herein consisted of oppression, fraud, and/or malice, and were done with advance knowledge, conscious disregard of the safety of others, and/or ratification by their officers, directors, and/or managing agents.”

 

The Plaintiff also alleged that “Plaintiff’s use of Belviq caused or significantly contributed to her development and progression of breast cancer, which has permanently changed her life.” and that “By reason of the foregoing, Plaintiff has had to undergo significant treatment and now requires constant and continuous medical monitoring and treatment due to the defective nature of Belviq.”

 

There are four claims for relief laid down by the Plaintiff. The first claim is for the alleged strict liability of Arena and Eisai due to design defects. The second claim for strict liability is due to an alleged failure to warn about significant cancer risks with Belviq. The third count is for alleged negligence, as Defendant Arena had a duty to exercise reasonable care in designing, developing, researching, testing, and manufacturing of Belviq, and Defendant Eisai had a duty to exercise reasonable care in designing, developing, marketing, supplying, promoting, selling, and distribution of Belviq. The fourth count is for alleged negligent misrepresentation by Eisai, as to exercise reasonable care to those whom they provided product information about Belviq and to all those relying on the information provided, including Plaintiff, her healthcare providers, and the public in general that said product. 

 

In the prayer for relief, the Plaintiff has prayed for judgment against Defendants for all compensatory and punitive damages allowable, and other relief sought by the Plaintiff along with prejudgment interest and costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-00210

  • Filing Date:

    04/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Middle District

Judge Details

Referral Judge

Philip R. Lammens

Presiding Judge

James S. Moody, Jr

 

Party Details

Plaintiff

Colleen Scala

Defendants

ARENA PHARMACEUTICALS GmbH

Eisai Co., Ltd.

ARENA PHARMACEUTICALS, INC.

Eisai, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

David Patrick Dearing

Attorney at Beasley, Allen, Crow, Methvin, Portis & Miles, PC

218 Commerce St, Po Box 4160

Montgomery, AL 36104-4160

Defendant Attorneys

Drew Martin Levin

Attorney at Conroy Simberg

2Nd Floor, 3440 Hollywood Blvd

Hollywood, FL 33021

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

Alan E. Rothman

Attorney at Sidley Austin LLP

787 Seventh Avenue

New York, NY 10019

Anitra F. Raiford

Attorney at Shook, Hardy & Bacon, LLP

100 N Tampa St Ste 2900

Tampa, FL 33602-5810

Heidi Levine

Attorney at Sidley Austin LLP

787 Seventh Avenue

New York, NY 10019

 

Court Documents

#25

(#25) MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) (Entered: 06/07/2021)

#24

(#24) NOTICE by Arena Pharmaceuticals, Inc. re #21 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum Of Law of Joinder (Abel, Jonathan) (Entered: 06/07/2021)

#23

(#23) MOTION for W. Roger Smith, III to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18336217 for $150 by Colleen Scala. (Dearing, David) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 06/07/2021)

#22

(#22) MOTION for Ryan J. Duplechin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18336148 for $150 by Colleen Scala. (Dearing, David) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 06/07/2021)

#21

(#21) MOTION to Dismiss Plaintiff's Complaint in Part,and Incorporated Memorandum Of Law by Eisai, Inc.. (Raiford, Anitra) Modified on 6/8/2021 (LAB). (Entered: 06/07/2021)

19 #5

Exhibit Stanton v. Wells Fargo Order

19 #4

Exhibit Interested Parties Response to Motion to Transfer

19 #3

Exhibit Defendants Memorandum in Opp to Motion to Transfer Actions

19 #1

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

#8

(#8) NOTICE of Appearance by Jonathan Calmus Abel on behalf of Arena Pharmaceuticals, Inc. (Abel, Jonathan) (Entered: 04/28/2021)

#7

(#7) PROOF of service by Colleen Scala (Dearing, David) (Entered: 04/22/2021)

#6

(#6) SUMMONS RETURNED EXECUTED by Colleen Scala as to Arena Pharmaceuticals, Inc. (Dearing, David) Modified on 4/16/2021 (LAB). (Entered: 04/15/2021)

#5

(#5) NOTICE of a related action per Local Rule 1.07(c) by Colleen Scala. Related case(s): Yes (Dearing, David) (Entered: 04/14/2021)

#4

(#4) SUMMONS issued as to Arena Pharmaceuticals, Inc. and Eisai, Inc.(LAB) (Entered: 04/13/2021)

1 #3

Proposed Summons

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Arena Pharmaceuticals, GmbH, Arena Pharmaceuticals, INC., Eisai Co., Ltd., Eisai, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18120298) filed by Colleen Scala. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Dearing, David) (Entered: 04/12/2021)

19 More Documents Available
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Docket Entries

  • 06/07/2021
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  • Docket(#25) MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Arena Pharmaceuticals, Inc.. (Abel, Jonathan) (Entered: 06/07/2021)

    Read MoreRead Less
  • 06/07/2021
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  • Docket(#24) NOTICE by Arena Pharmaceuticals, Inc. re #21 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum Of Law of Joinder (Abel, Jonathan) (Entered: 06/07/2021)

    Read MoreRead Less
  • 06/07/2021
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  • Docket(#23) MOTION for W. Roger Smith, III to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18336217 for $150 by Colleen Scala. (Dearing, David) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 06/07/2021)

    Read MoreRead Less
  • 06/07/2021
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  • Docket(#22) MOTION for Ryan J. Duplechin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18336148 for $150 by Colleen Scala. (Dearing, David) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 06/07/2021)

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  • 06/07/2021
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  • Docket(#21) MOTION to Dismiss Plaintiff's Complaint in Part,and Incorporated Memorandum Of Law by Eisai, Inc.. (Raiford, Anitra) Modified on 6/8/2021 (LAB). (Entered: 06/07/2021)

    Read MoreRead Less
  • 06/07/2021
  • DocketSet/reset deadlines/hearings: Case management report due by 9/15/2021. (LAB) (Entered: 06/07/2021)

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  • 06/04/2021
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  • Docket(#20) ENDORSED ORDER granting #19 Joint Agreed Motion to Extend Case Management Report Deadline. The parties' deadline to file a Case Management Report is extended to September 15, 2021. Signed by Judge James S. Moody, Jr. on 6/4/2021. (SMB) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#19) 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) (Entered: 06/04/2021)

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  • 06/03/2021
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  • Docket(#18) 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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  • 05/13/2021
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  • Docket(#17) ORDER granting #15 Motion to Appear Pro Hac Vice; granting #16 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 5/13/2021. (JWM) (Entered: 05/13/2021)

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6 More Docket Entries
  • 04/28/2021
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  • Docket(#10) NOTICE of Appearance by Drew Martin Levin on behalf of Arena Pharmaceuticals, Inc. (Levin, Drew) (Entered: 04/28/2021)

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  • 04/28/2021
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  • Docket(#9) NOTICE of Appearance by Nicole Farinas Soto on behalf of Arena Pharmaceuticals, Inc. (Soto, Nicole) (Entered: 04/28/2021)

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  • 04/28/2021
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  • Docket(#8) NOTICE of Appearance by Jonathan Calmus Abel on behalf of Arena Pharmaceuticals, Inc. (Abel, Jonathan) (Entered: 04/28/2021)

    Read MoreRead Less
  • 04/22/2021
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  • Docket(#7) PROOF of service by Colleen Scala (Dearing, David) (Entered: 04/22/2021)

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  • 04/15/2021
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  • Docket(#6) SUMMONS RETURNED EXECUTED by Colleen Scala as to Arena Pharmaceuticals, Inc. (Dearing, David) Modified on 4/16/2021 (LAB). (Entered: 04/15/2021)

    Read MoreRead Less
  • 04/14/2021
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  • Docket(#5) NOTICE of a related action per Local Rule 1.07(c) by Colleen Scala. Related case(s): Yes (Dearing, David) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/13/2021
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  • Docket(#4) SUMMONS issued as to Arena Pharmaceuticals, Inc. and Eisai, Inc.(LAB) (Entered: 04/13/2021)

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  • 04/12/2021
  • Docket(#3) NOTICE 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. (SMB) (Entered: 04/12/2021)

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  • 04/12/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:21-cv-0210-JSM-PRL. (SJB) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#1) COMPLAINT against Arena Pharmaceuticals, GmbH, Arena Pharmaceuticals, INC., Eisai Co., Ltd., Eisai, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18120298) filed by Colleen Scala. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Dearing, David) (Entered: 04/12/2021)

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