Lipitor Lawsuits: Cases Still Being Filed, Despite Absence of Lipitor Recall, Denial of Motion for Multidistrict Litigation

Published on September 11, 2013 by Sandy Liebhard

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The U.S. Judicial Panel on Multidistrict Litigation (JPML) recently declined to establish a consolidated proceeding for Lipitor lawsuit claims involving allegations that the popular statin caused patients to develop Type 2 diabetes. However, even in light of this decision, and in the absence of a Lipitor recall, lawsuits are still being filed in courts around the country.

Nothing about the JPML’s August 8th decision means that individual Lipitor lawsuits cannot move forward.  In fact, one of the reason’s the Panel gave for its refusal to create the multidistrict litigation was the fact that a number of Lipitor diabetes lawsuits were already proceeding in a coordinated manner in U.S. District Court, District of South Carolina. According to the Panel’s Order, Pfizer, Inc. had expressed a willingness to informally coordinate any common discovery or pretrial matters across the cases.

Lipitor Diabetes Lawsuit Allegations

In spite of the decision of the JPML, Lipitor users continue to file product liability claims that blame the cholesterol-lowering medication for their Type 2 diabetes. Most recently, a Lipitor lawsuit was filed in California by a woman who alleges the wide-spread use of Lipitor has led to a “national epidemic” of the disease.

“Plaintiff’s injuries, like those striking thousands of similarly situated victims across the country, were avoidable,” the complaint alleges. “Lipitor has been implicated in a national epidemic of type 2 diabetes in women taking Lipitor.”

The plaintiff, who began taking Lipitor in 2006, was allegedly diagnosed with Type 2 diabetes about one year after she initiated treatment. The charges in her Lipitor lawsuit echo those made in similar claims filed in courts around the country. Among other things, the plaintiff alleges that even though Pfizer knew about the diabetes risk associated with Lipitor, it failed to provide adequate warnings to patients or the medical community. She also asserts that diabetes warnings added to the Lipitor label in 2012 are vague and inadequate.

Lipitor Lawsuit Litigation Expected to Grow

Before generic versions of the statin became available in 2011, Lipitor was the best-selling drug in history. Millions of people in the U.S. began taking the drug once it came on the market in 1996.This fact has left many legal experts with the opinion that the Lipitor diabetes litigation will grow larger.

Patients who used Lipitor and developed diabetes after they began treatment with the drug may be eligible for compensation even though there has not been a Lipitor recall. If you would like more information on the available avenues for legal recourse, please contact Bernstein Liebhard LLP today, at , for a free, no-obligation legal evaluation of your potential Lipitor lawsuit.