Lucille A. of Pennsylvania has added her own Lipitor lawsuit to the Lipitor diabetes multidistrict litigation in South Carolina federal court.
Lucille was diagnosed with type-2 diabetes in April 2007. In her Lipitor lawsuit, she claims her diabetes was caused by Lipitor, which she took between January 2007 and April 2009. She is raising claims against Pfizer Inc. for negligence, misrepresentation, defective product design, failure to warn, breach of warranty, fraud, and unjust enrichment. She is also requesting an award of punitive damages.
Lipitor is manufactured by Pfizer and was first approved by the FDA as a cholesterol treatment in 1996. It’s one of a class of drugs called statins, or HMG CoA reductase inhibitors, used to treat high cholesterol by lowering levels of low-density lipoprotein, or “bad cholesterol,” while raising levels of high-density lipoprotein, or “good” cholesterol. Lipitor is also used to lower the risk of stroke, myocardial infarction, and other cardiovascular complications. Lipitor is also sold under the generic name atorvastatin.
Lipitor Diabetes
In February 2012, in response to a request by the FDA for a label revision, Pfizer added a notification to the Warnings and Precautions section of its Lipitor label that addressed the possibility of increased HbA1c and fasting serum glucose levels associated with Lipitor. However, neither that label nor the current label for Lipitor mentions an increased likelihood of developing type-2 diabetes specifically.
Lucille’s Lipitor lawsuit is part of a consolidation of many such lawsuits known as a multidistrict litigation, or MDL. According to the master complaint in the Lipitor MDL, the plaintiffs are women who suffered “severe physical, economic and emotional injuries” as a result of taking Lipitor.
They allege that Pfizer and related companies involved in the manufacture and distribution of Lipitor knew that Lipitor created a higher risk of developing type-2 diabetes, particularly in women. Despite having included a warning about type-2 diabetes in its European Union labeling for Lipitor, Pfizer has not included such a warning in the labeling used in the United States, the Lipitor type-2 diabetes lawsuit alleges. The plaintiffs say they would not have used Lipitor had they been properly warned about the risks of developing type-2 diabetes.
With the development of their type-2 diabetes, these plaintiffs will require medication, dietary restrictions, and regular monitoring of blood glucose levels. Their Lipitor diabetes puts them at risk for developing a whole set of potentially debilitating secondary conditions, including: heart disease, blindness, neuropathy, and kidney disease.
The plaintiffs also argue that the defendants should not be allowed to raise the statute of limitations as a defense because of their alleged effort to conceal vital safety information from the public.
The Lipitor lawsuit asks the court to compensate the plaintiffs for past and future medical expenses, pain and suffering, refund of the purchase cost of Lipitor, lost earnings and lost earning capacity. The complaint also seeks awards of punitive damages, based on the defendants’ known misrepresentation of the risk of Lipitor diabetes.
The Lipitor MDL is In re: Lipitor (Atorvastatin Calcium) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2:14-mn-02502-RMG, in the U.S. District Court for the District of South Carolina.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The Lipitor attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Lipitor class action lawsuit is best for you. [In general, Lipitor lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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