Judicial Panel Declines Consolidation of Lipitor Lawsuits

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On August 8, the U.S. Judicial Panel on Multidistrict Litigation (JPML) declined to consolidate five Lipitor lawsuits, finding that the cases would be better suited to individual litigation. The plaintiffs in these lawsuits allege that Lipitor caused them to develop type-2 diabetes.

While all of the plaintiffs were in support of centralizing their Lipitor lawsuits into multidistrict litigation (MDL), they were unable to agree on an appropriate venue. Pfizer Inc., the manufacturer of Lipitor and the common defendant in these lawsuits, strongly opposed the formation of MDL.

The JPML found that, while these Lipitor lawsuits initially seemed like ideal candidates for consolidation, there were unique factors that made individual litigation more appropriate under the circumstances. The JPML was most persuaded by the fact that more half of the lawsuits were already pending before one judge in the U.S. District Court for the District of South Carolina. Many of the same attorneys are currently working on these lawsuits. Further, Pfizer has already indicated its willingness to work with these attorneys to facilitate and coordinate common discovery and other pretrial matters.

“Although plaintiffs suggest that the number of Lipitor cases is likely to expand considerably, we are disinclined to take into account the mere possibility of future filings in our centralization calculus,” the JPML said. The JPML also noted that, following the February 2012 label change, “only a handful of actions have been brought actually alleging a link between an individual’s ingestion of Lipitor and the development of her type 2 diabetes.”

JPML Did Not Rule out Future Lipitor MDL

The fact that the JPML declined to consolidate the Lipitor lawsuits does not mean that they will not approve Lipitor MDL in the future. After Lipitor was approved by the U.S. Food & Drug Administration (FDA) in 1996, it quickly became one of the best-selling prescription medications of all time. Lipitor sales have exceeded $125 billion. Many of the people who took Lipitor to control their cholesterol were unaware that the drug could increase the risk of developing Lipitor type-2 diabetes until the FDA issued a warning in 2012. The risk is especially high in women who are middle-aged and older. There is a possibility that the number of Lipitor lawsuits will rise as more patients who took the drug are diagnosed with type-2 diabetes.

The Lipitor MDL is In Re: Lipitor (Atorvastatin Calcium) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2459, in the U.S. Judicial Panel on Multidistrict Litigation.

Find Out if You Qualify to File a Lipitor Lawsuit

If you or someone you love took Lipitor and developed type-2 diabetes, you may be able to file a Lipitor lawsuit to seek compensation for your injuries. For more information, visit the Lipitor Diabetes Class Action Lawsuit Investigation. When you submit information about your injuries, a Lipitor attorney will conduct a free case evaluation to determine if you qualify to take legal action.