Missy Clyne Diaz  |  October 22, 2014

Category: Legal News

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Lipitor diabetes lawsuit

A 63-year-old California woman has filed a Lipitor lawsuit against Pfizer, manufacturer of the popular cholesterol-lowering statin drug, alleging that the drug caused plaintiff Betty Bowden to get type-2 diabetes.

According to the Lipitor diabetes lawsuit, Bowden began taking Lipitor in 2002 and after 10 years, received a diagnosis of type-2 diabetes.

More than 2,000 plaintiffs have sued Pfizer for an alleged failure to disclose information about the drug’s risks to both those in the medical community as well as consumers. Lipitor has been U.S. Food and Drug Administration (FDA) approved since 1996, while its generic equivalent, atorvastatin, received FDA approval in 2011.

Pfizer has generated in excess of $130 billion in revenue from the sales of Lipitor, but the drug has stirred its share of controversy.

In 2012, the FDA ordered safety label changes for statins that included alerting consumers of the need for routine monitoring of liver enzymes, information about non-serious cognitive Lipitor side effects such as memory loss or confusion, reports of increased blood sugar levels, and drug interactions. The new regulations came on the heels of a published study that found women using the medication may be at an increased risk of developing type-2 diabetes. Many of the plaintiffs filing Lipitor lawsuits were allegedly diagnosed with diabetes despite living a healthy lifestyle.

After the study’s results were published, and the FDA responded with a required label change, a flood of Lipitor lawsuits across the country commenced. Among the complaints for which the plaintiffs allege Pfizer is liable includes an inadequate warning label that failed to list diabetes as a possible side effect. Many of the Lipitor lawsuits also say the 2012 label change about watching for changes in glucose levels were still “vague, unclear and uninformative.”

Reuters reported in August that since March, federal court filings by U.S. women who allege that Lipitor caused them to get type-2 diabetes have shot up from 56 to almost 1,000.

Women, according to the Lipitor diabetes lawsuits, face an increased risk of developing diabetes from using Lipitor while reaping fewer benefits than their male counterparts.

Due to the large number of Lipitor lawsuits, a federal judicial panel consolidated all the Lipitor diabetes lawsuits into a multidistrict litigation (MDL) based in federal court in Charleston, S.C., where Bowden filed her Lipitor lawsuit. Pfizer opposed the consolidation, arguing it would prompt copycat filings, according to Reuters.

In addition to product liability and fraud, Bowden accuses Pfizer of negligence, defective design, fraud, misrepresentation, and breach of warranty. She demands a jury trial and compensation for damages.

The first set of jury trials, known as bellwether cases, against Pfizer are scheduled for July 2015. Bellwether trials group a set of plaintiffs with common issues to try cases at the same time. Doing so aids both parties in determining how future juries may rule.

In general, Lipitor lawsuits are filed individually by each plaintiff and are not class actions.

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If you’re a woman who was diagnosed with type-2 diabetes while taking Lipitor, or were diagnosed with diabetes within 90 days or less of your last dose of Lipitor, you may be eligible for compensation. See if you qualify by filling out the short form below.

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