Lipitor Lawsuit Filings Removed to West Virginia Federal Court

Published on October 29, 2013 by Sandy Liebhard

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Lipitor lawsuit claims filed on behalf of 40 plaintiffs have been removed to West Virginia federal court for pretrial proceedings, court documents indicate.

The cases, which were filed over a cholesterol-lowering statin that has been associated with the development of new-onset Type 2 diabetes, were filed on behalf of individuals from West Virginia and Texas before being transferred to the U.S. District Court, Southern District of West Virginia. The master complaint was filed on September 4th.

Pfizer Inc. originally filed a notice to remove the cases from McDowell County Circuit Court, which the company said were brought by 26 citizens from Texas and 10 from West Virginia.

Despite the fact that a Lipitor recall has not been announced, plaintiffs involved in claims over the cholesterol-lowering medication allege its potential to cause new onset Type 2 diabetes. As these cases continue to mount, a new motion filed with the U.S. Judicial Panel on multidistrict Litigation (JPML) indicates that individuals who were allegedly injured by the drug are now seeking consolidation of similar actions against its manufacturer. According to the Motion filed on October 10th, at least 62 Lipitor lawsuits are currently pending in 21 federal courts throughout the U.S. The Panel should consider a multidistrict litigation for these suits, given that they are continuing to rise. (In re Lipitor (Atorvastatin) Litigation, MDL No. 2502 (JPML))

Earlier this year, Plaintiffs had filed a separate motion with the Panel to create a federal multidistrict litigation for Lipitor-related claims, but were denied on the grounds that not enough cases had been filed. At that time, just 24 cases had been brought against Pfizer.

Meanwhile, a number of Lipitor lawsuit claims have already been consolidated in the U.S. District Court, Southern District of Illinois for purposes of discovery.

Lipitor Lawsuit Filings Follow FDA Concern about Cholesterol-Lowering Statin

Concerns about this medication’s association with new-onset Type 2 diabetes have continued to grow since February 2012, when the U.S. Food and Drug Administration (FDA) ordered Pfizer to adjust Lipitor’s labeling to include mention of this side effect.  This notice was prompted by research published in JAMA: Internal Medicine that found post-menopausal women to be at a heightened risk for developing diabetes after taking Lipitor and similar drugs.

Filing a Lipitor Lawsuit

File a Lipitor lawsuit with an attorney at Bernstein Liebhard LLP today if you developed new-onset Type 2 diabetes after taking the medication. The Firm’s attorneys are standing by to answer any legal questions you may have at .