A woman from Indiana has joined the larger group of Lipitor lawsuits filed against Pfizer, alleging that the popular cholesterol-lowering drug causes users to develop type-2 diabetes

Plaintiff Mary R. has filed her Lipitor lawsuit claiming she developed type-2 diabetes in 2012 as a result of taking Lipitor.

According to the Lipitor lawsuit, Mary was first prescribed Lipitor in 2002 and continued to take the medication for approximately 13 years in order to control her cholesterol levels, under the guidance of her doctor.

Her Lipitor lawsuit accuses Pfizer of negligence, fraud, unjust enrichment, breach of warranty, and other charges, holding that these actions make Pfizer liable for Mary’s type-2 diabetes. She is seeking to recoup the cost of her medical care, compensation, and punitive damages.

Lipitor Multidistrict Litigation

Mary’s individual Lipitor lawsuit incorporates details from the Master Complaint Form for the larger Lipitor litigation. So many Lipitor lawsuits have been filed that the court system has resorted to a process called a multidistrict litigation or MDL. In MDLs, a group of similar cases are grouped together and coordinated to help streamline the legal process.

For example, Mary’s Lipitor lawsuit was filed via a short-form complaint, which can refer to the larger, more-detailed Master Complaint form, which in turn makes allegations and presents evidence that is applicable to the Lipitor lawsuits in the MDL.

The Lipitor Master Complaint has more detailed information about the allegations against Pfizer than a short form complaint. For example, it points out that under US law, drug makers have a legal obligation to make sure that drug labeling and warnings “remain adequate as long as the drug is on the market.”

This is termed “post-market surveillance,” and the Master Complaint argues that “had the Defendants [Pfizer and related companies] fulfilled their duties, their post-market surveillance would have provided evidence that Lipitor ® (atorvastatin calcium) causes Type 2 Diabetes.”

The Master Complaint for Lipitor consolidated litigation further states that a division of the FDA demanded changes to Lipitor’s labeling in August of 2011, though Pfizer did not make these changes until February of 2012.

It further holds that “despite the February 2012 label changes, Lipitor ® (atorvastatin calcium)’s label continues to inadequately warn customers of the serious risk of developing Type 2 Diabetes when using Lipitor ® (atorvastatin calcium).”

Essentially, these Lipitor lawsuits hold that Pfizer couched the warning in jargon by never actually using the word “diabetes” in the updated warning.

Additionally, these Lipitor lawsuits argue that Pfizer knew, or reasonably should have known, that Lipitor could increase the risk of developing type-2 diabetes. Lipitor lawsuits within the MDL, like Mary R.’s, further contend that Pfizer failed to adequately warn the public that Lipitor may allegedly cause type-2 diabetes, leading the development of diabetes, a serious life-long condition.

According to the CDC, quoted within the Lipitor Master Complaint, diabetes is the seventh leading cause of death in the US. Diabetes is a life-long condition and may cause a host of complications, including blindness, the loss of fingers and limbs, kidney problems, cardiovascular diseases, and other life-threatening problems.

The Lipitor Lawsuit is Civil Action No. 4345 and is filed within the larger Lipitor MDL In Re: Lipitor (Atorvastatin Calcium) Marketing Sales Practices and Products Liability Litigation, MDL No. 2505, U.S. District Court for the District of South Carolina, Charleston Division.