By Jessica Tyner  |  January 6, 2014

Category: Legal News

Lipitor Diabetes LawsuitOnce a woman enters her golden years, preventative care is more important than ever. The risk of high bad cholesterol becomes more prevalent, and with it comes the threat of cardiovascular disease. For Beatrice Drains, she thought that taking Lipitor was a smart and safe way to prevent disease and keep her cholesterol in check. She was never told that Lipitor can been linked to causing diabetes in post-menopausal women.

Type-2 diabetes is the fastest growing disease in America, and in the case of Lipitor causing diabetes, it is completely preventable. This diabetes doesn’t disappear when a person stops taking the drug. Instead, patients unknowingly swap the risk of one disease for another one. The drug has been available since 1996. “Despite its knowledge of data indicating that Lipitor use is causally related to the development of type 2 diabetes and/or blood glucose levels diagnostic for type 2 diabetes, Pfizer promoted and marketed Lipitor as safe and effective for persons such as Plaintiff throughout the United States, including this judicial district,” Drains’ lawsuit, filed on Nov. 14, 2013, states.

FDA Tells Pfizer to Include Liptior Diabetes Risk

In the summer of 2011, the Food and Drug Administration (FDA) requested that Pfizer change the Lipitor warning labels. The drug giant finally complied in 2012, but it was too late and still too little.

“Until the February 2012 change, Lipitor’s label had never warned patients of any potential relation between changes in blood sugar levels and taking Lipitor. Despite the February 2012 label change, Lipitor’s label continues to fail to warn consumers of the serious risk of developing type 2 diabetes per se when using Lipitor,” says Drains. For her, it was way too late as she “was prescribed Lipitor and used it as directed from approximately November 2001 until approximately November 2011.” According to her Lipitor complaint, she was healthy and at a good weight before and while taking Lipitor. That wasn’t enough to stop her from developing drug-induced diabetes.

Drains “was diagnosed with type 2 diabetes in or about February 2002. As a result, for the rest of her life she must undergo regular testing of her blood glucose levels, adhere to a restrictive diabetic diet, and take medication to control her diabetes. Due to her diabetes, she is now at markedly increased risk of heart disease, blindness, neuropathy, and kidney disease.”

When she was diagnosed with diabetes, she had no idea that it was caused by Lipitor. She continued taking the drug for many more years, making her condition worse without knowing it. Had she been told of the Lipitor risks, she could have avoided the drug or watched her glucose levels closely from the beginning. She was never given this option.

“In keeping with her healthy and proactive lifestyle, Plaintiff 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 has been clinically shown to reduce the risk of developing heart disease,” the Liptior diabetes lawsuit says.

Neither Drains nor her doctor were warned by Pfizer about potential Lipitor complications. Drains “suffered severe and permanent physical and emotional injuries, including, but not limited to type 2 diabetes. Plaintiff has endured pain and suffering, has suffered economic loss, including incurring significant expenses for medical care and treatment, and will continue to incur such expenses in the future.”

An Unfair Trade

According to Lipitor diabetes victims like Drain, Pfizer was well aware of the Lipitor side effects but chose not to include adequate warnings— it was simply too profitable of a drug. The changes in lifestyle, costs and medical care necessary for those with diabetes can be taxing both physically and financially. Drains was a healthy woman who thought she was doing everything right. Unfortunately, she became another Lipitor sufferer.

Type-2 diabetes can be fatal and very difficult to live with. It requires a stringent diet and exercise regimen along with regular checkups. Drains is now more vulnerable to other, complementary issues and will struggle with maintaining good glucose levels for life.

She’s suing Pfizer for failure to warn, negligence, breach of warranties, fraud, constructive fraud, unjust enrichment, and punitive damages.

The case is Beatrice Drains v. Pfizer Inc., Case No.: 1:13-cv-03781-WSD, in the United States District Court Southern for the Southern District of Georgia.

In general, Lipitor lawsuits are filed individually by each plaintiff and are not class actions.

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