A woman is claiming in a new lawsuit against Pfizer Inc. that the popular statin drug Lipitor caused her to develop Lipitor type-2 diabetes at almost exactly the same time she began taking the medication to control her LDL cholesterol levels.
Marilyn Montoya says that her doctor prescribed the medication around May 2012 and was diagnosed in and around that time with type-2 diabetes. The complaint notes that in addition to the prescription medication, the New Mexico woman had been on a healthy diet and exercise plan, limiting other potential causes of the chronic condition.
Her Lipitor lawsuit alleges that drug maker Pfizer knew or should have known of the risks of insulin sensitivity caused by Lipitor side effects beginning in 1996. Specifically, the company or its subsidiaries “were in possession of data demonstrating that Lipitor increases the risk of type-2 diabetes and the risk of increased blood glucose to levels diagnostic for type-2 diabetes[.]” However, the company allegedly failed to conduct studies that would confirm the link and then update the drug safety information accordingly.
Instead, Montoya, as with many female plaintiffs, says she was unaware of the link between the drug and Lipitor type-2 diabetes side effects until the FDA forced a label change that took effect in February 2012. It states that “[i]ncreases in HbA1c and fasting serum glucose levels have been reported with HMG-CoA reductase inhibitors, including Lipitor.”
Like other Lipitor lawsuits, the woman says that this language does not clearly describe the potential for diabetes and insulin sensitivity.
The Lipitor Side Effects Lawsuit is Marilyn J. Montoya v. Pfizer, Inc., Case No. 13-cv-01218, U.S. District Court, District of New Mexico. Counts against the drug maker include failure to warn, negligence, breach of implied warranty, fraud and constructive fraud as well as unjust enrichment.
In general, Lipitor lawsuits are filed individually by each plaintiff and are not class actions.
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