Lawsuit Alleges Belviq Caused Oklahoma Woman’s Breast Cancer
A lawsuit filed in August in Oklahoma alleges that the weight loss medication Belviq (lorcaserin) caused her breast cancer. The lawsuit names Eisai and Arena Pharmaceuticals as defendants.
The lawsuit claims that the defendants knew or should have known that Belviq posed a cancer risk, possessing pre-clinical scientific studies which they knew or should have known meant the drug’s cancer risk needed to be tested and studied more before the drug was released on the market. The defendants failed to adequately test and study the drug despite possessing these pre-clinical studies, according to the lawsuit.
The lawsuit argues that the defendants should have warned about the cancer risk but failed to, and this directly led to the woman’s breast cancer.
“Defendants ignored the association between the use of Belviq and the risk of developing cancer,” the lawsuit states.
The lawsuit alleges that the defendants’ conduct was negligent. Drugmakers are negligent when they fail to use reasonable care to prevent harm.
The lawsuit claims that the defendants were negligent because they failed to thoroughly and adequately test Belviq before selling it, failed to conduct sufficient testing programs despite the fact they knew or should of known that Belviq was unsafe, failed to warn the public about Belviq’s dangers, failed to provide adequate safety instructions, advertised and recommended the use of Belviq without providing sufficient knowledge about its dangers, represented Belviq as safe when it was not, designed, manufactured, assembled and produced Belviq in a manner which was dangerous to users, concealed information about FDA warnings and concealed information about the dangers of Belviq.
The lawsuit seeks to recover compensation based on strict products liability. The lawsuit claims that Belviq was “defective in design or formulation” because its risks exceeded its benefits and it was unreasonably dangerous.
“Defendants knew, or should have known… Belviq was in a defective condition, and was and is inherently dangerous and unsafe,” the lawsuit states. “Defendants’ defective design, manufacturing defect, and inadequate warnings of Belviq were acts that amount to willful, wanton, and/or reckless conduct by Defendants.”
The lawsuit seeks to recover damages based on several other causes of action, including breach of express warranty, breach of implied warranty, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit and loss of consortium.
The FDA recently requested the removal of Belviq and Belviq XR from the U.S. market because a clinical safety trial found an increase in cancer occurrence.