A couple from Texas are suing Pfizer Inc., claiming that its blockbuster cholesterol medication Lipitor caused the wife to develop type-2 diabetes. Lipitor is accused of causing a “national epidemic” of type-2 diabetes in women, who seem to be more prone to this risk while taking the drug.

Plaintiffs Kathy and Jonathan Fowler allege in the Lipitor lawsuit that Kathy’s “injuries, like those striking thousands of similarly situated victims across the country, were avoidable. Lipitor has been implicated in a national epidemic of Type 2 Diabetes in women taking Lipitor. In August of 2011, the Food and Drug Administration requested that Pfizer make labeling changes for Lipitor based upon their comprehensive review, including clinical trial data. The label change required Defendant to warn of the changes in blood sugar levels when taking Lipitor. Defective design, inadequate warnings, and inadequate instructions led to serious patient complications, including Type 2 Diabetes, as happened to Mrs. Fowler.”

The Fowlers have thus far elected to file a joint Lipitor lawsuit, not join a Lipitor class action lawsuit, but their case may be transferred in the future. Currently, there’s no cap placed on the amount of compensation they may receive, either as a settlement or other type of award. However, it may take years to reach a resolution. In a Lipitor class action lawsuit, the entire process is quickened and streamlined, but there is a maximum amount of compensation available. For many, it’s beneficial to join the Lipitor class action lawsuit in order to avoid years of battling Pfizer, potentially high legal and court fees should Pfizer not be found at fault or settle in that particular case, and the risk of a different judge making a different call than another in a similar case.

The Fowlers say that, “Even though Defendant knew of the risks for several years, medical providers were unaware that the use of Lipitor caused Type-2 Diabetes in female patients. As a result, thousands of women taking Lipitor  were unaware that the drug was affecting their blood sugar levels. Even when Defendant finally began disclosing some of this information, it refused to protect patients. For example, when Defendant finally changed its label in February of 2012, the warning it issued was extremely vague and in no direct terms did it warn that consumption of Lipitor could lead to the development of Type 2 Diabetes.”

Now, Kathy  is at a much higher risk of early death and other diseases. “According to the Centers for Disease Control (CDC), diabetes is the seventh leading cause of death in the United States. People with diabetes can experience numerous serious and deadly complications, including heart disease and stroke, blindness, chronic kidney disease, and amputations. The risk for stroke is two to four times higher among people with diabetes. Adults with diabetes have heart disease death rates about two to four times higher than adults without diabetes. Diabetes is the leading cause of new cases of blindness among adults ages 20-74, and is also the leading cause of kidney failure.”

Kathy will have to take measures for the rest of her life to stay healthy because of alleged Lipitor side effects.

“The development of Type 2 Diabetes is preventable with the proper monitoring of blood sugar levels. As such, the development of Type 2 Diabetes in patients taking Lipitor was also preventable and resulted directly from Defendant’s refusal to conduct proper safety studies; follow up alarming safety signals; suppression of information revealing life-threatening risks; wanton failure to provide adequate instructions; and willful misrepresentations concerning the nature and safety of its product. The conduct and product defects complained of herein were substantial factors in bringing about Plaintiffs’ injuries, and a reasonably foreseeable consequence of Defendant’s conduct and product defects,” the Lipitor lawsuit states.

Another Preventable Diagnosis?

Oftentimes, Lipitor is prescribed to women over 50 in an effort to prevent cardiovascular disease. The Fowler’s Lipitor lawsuit says that she was prescribed Lipitor in 2002 to lower her levels of low-density lipoprotein (“LDL”) and as a preventive measure to decrease her risk of developing cardiovascular disease (“CVD”).

The couple says they were never warned of the full complications of  Lipitor side effects. “Mrs. Fowler agreed to initiate Lipitor treatment in an effort to reduce her risk of developing heart disease. She relied on claims made by Pfizer that Lipitor was clinically proven to reduce her risk of developing heart disease. Four years after she began treatment with Lipitor , Mrs. Fowler was diagnosed with Type-2 diabetes in or about July of 2007.”

They are suing Pfizer for negligence, failure to warn, misrepresentation, negligent misrepresentation, breach of warranty, fraud, violation of Texas’s Deceptive Trade Practices Consumer Protection Act, loss of consortium and punitive damages.

The Lipitor diabetes lawsuit is Kathy Fowler and Jonathan Fowler Sr. v. Pfizer Inc., Case No. 2:14-cv-00089-JRG, in the United States District Court, Eastern District of Texas.