Belviq Breast Cancer Action Survives Dismissal Motion in Fla. Federal Court
March 25, 2022
TAMPA, Fla. — A Florida federal judge has refused to dismiss claims for negligence and strict liability in Belviq breast cancer action, ruling the plaintiffs adequately pled the weight loss drug was defectively designed and that the defendants knew or should have known it posed a high risk of cancer.
In a March 22 order, Judge Charlene E. Honeywell of the U.S. District Court for the Middle District of Florida also dismissed the fraud-based claims for failure to meet Rule 9(b)’s particularity requirements, but granted plaintiffs leave to amend.
Mary Milana took Belviq (lorcaserin hydrochloride) from 2013 through 2020 for …
- Carlton Fields
- Levin Papantonio Rafferty
- Shook Hardy & Bacon
- Sidley Austin LLP