Plaintiff Mary White has filed a product liability lawsuit against Pfizer Inc., alleging that their drug Lipitor caused her to develop type-2 diabetes. White reportedly took Lipitor to help control her LDL or “bad” cholesterol levels. The drug is designed to lower the risk of high blood pressure and other complications from LDL.
According to her Lipitor lawsuit, White was diagnosed with type-2 diabetes (also called adult onset- or insulin-resistant diabetes). The lawsuit holds that this diagnosis was in spite of her healthy diet and lifestyle. The Liptior lawsuit further asserts that Lipitor caused her diabetes, and that Pfizer concealed the risks from the public. White received her type-2 diabetes diagnosis in May 2013.
To support this allegation, the Lipitor lawsuit cites the fact that mounting evidence caused the U.S. Food & Drug Administration (FDA) to mandate labeling changes to the medication information included with the drug in 2011. These changes came in response to postmarket surveillance and peer-reviewed studies that suggested a link between Lipitor and type-2 diabetes.
Pfizer complied with the FDA’s mandate in February 2012. However, the Lipitor diabetes lawsuit holds that while Pfizer arguably complied with the letter of the FDA’s requirements, they used technical jargon to obscure the warning. To support this allegation, the lawsuit cites the warning Pfizer included, specifically that “increases in HbA1c and fasting serum glucose levels have been reported with HMG-COA reductase inhibitors, including LIPITOR.”
The Lipitor lawsuit holds that this wording buries the warning in jargon and does not adequately warn the general public.
White’s lawsuit holds that Pfizer’s actions constitute neglect and fraud. Specifically, White’s Lipitor lawsuit asserts that Pfizer was aware of the risks associated with Lipitor, and concealed them to make a profit, leaving them legally liable for her diabetes and treatment. Her lawsuit seeks reimbursement for medical costs, past and present, as well as court costs and punitive damages. Punitive damages are court awards designed to punish offenders and discourage further abuses. Drug lawsuits are one of the few areas of U.S. law that allow for punitive damages. White seeks more than $75,000 in compensation.
The Lipitor diabetes lawsuit is formally titled Mary Lee White v. Pfizer Inc., Case No. 1:13-cv-01221-SMV-GBW, in the U.S. District Court for the District of New Mexico.
In general, Lipitor lawsuits are filed individually by each plaintiff and are not class actions.
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