Lipitor Side Effects Caused Diabetes, Lawsuit Says

Mary Phillips was prescribed Lipitor in 2009 and used it as directed. Lipitor is used to improve blood chemistry with respect to cholesterol and related issues, reducing the risk of cardiovascular disease like atherosclerosis. However, after taking Lipitor for several years, Phillips was diagnosed with type-2 diabetes — a breakdown of the body’s ability to regulate blood sugar levels.

The Lipitor lawsuit asserts that Pfizer was aware there was a potential link between using Lipitor and developing type-2 diabetes. The personal injury lawsuit reports that the United States Food and Drug Administration had received information that statins like Lipitor could increase the risk of a patient developing diabetes. Specifically, the FDA’s Division of Metabolism and Endocrinology Products requested the Pfizer alter Lipitor’s labeling to include new information about Lipitor diabetes based on clinical trials of the drug.

Phillips alleges in the Lipitor lawsuit that Pfizer complied, but used jargon to obscure their warning of contracting diabetes from Lipitor. The lawsuit specifically quotes the language Pfizer uses in its warnings, which says “increases in Hb Alc and fasting serum glucose levels have been reported with HMG-CoA reductase inhibitors, including LIPITOR.”

According to Phillips, this language does not constitute a clear warning that Lipitor side effects can cause type-2 diabetes. The lawsuit also states that Phillips would not have taken Lipitor had she been clearly informed of the risks associated with Lipitor use.

The Lipitor diabetes lawsuit also requests an “equitable tolling of applicable statutes of limitation.” This means that the lawsuit asserts that the defendant (Pfizer) actively concealed the risks associated with Lipitor, making it more difficult to uncover their role in the plaintiff’s diabetes. Since civil law holds that there are limits to how long an injured party may take before taking legal action, the Lipitor lawsuit uses this device to assert that the defendant’s actions prevented early action, since the plaintiff could not have known her Lipitor use and her diabetes could have been related.

The plaintiff’s Lipitor injury lawyer notes a number of different types of damages in the lawsuit. Specifically, the lawsuit seeks recoupment of medical expenses, lost earnings, and punitive damages, as well as attorney fees. The lawsuit also seeks interest as allowed under court rules.

The Lipitor Diabetes Personal Injury Lawsuit is Mary Phillips v. Pfizer, Inc., Case No. 5:13-cv-00762-C, U.S. District Court, Western District of Oklahoma.