Parties in the federal Lipitor lawsuit litigation have been asked to choose cases that may serve in its bellwether trial program, which is designed to help predict how future juries will rule in similar actions against Pfizer Inc.
According to a case management order issued on May 16, parties in the U.S. District Court, District of South Carolina have been asked to choose a small group of Lipitor diabetes claims to prepare for early trial. Plaintiffs’ attorneys will submit seven cases to be part of the discovery pool on June 20, and the drug’s manufacturer will choose another seven by June 20. These “bellwether” case submissions will then undergo case-specific discovery over the course of 2014, and will be narrowed down in December, at which time each party will identify three cases to be removed from trial consideration.
By December 15, the federal judge said he will randomly select one case from the remaining pool, and the first trial will begin on July 1, 2015. The second hearing will involve a case chosen by the opposite side from which the first Lipitor lawsuit was chosen. If recent court documents in the federal litigation against Pfizer are any indication, parties will have a lot of claims to choose from. As of May 15, a Case List updated by the U.S. Judicial Panel on Multidistrict Litigation (JPML) showed 703 claims filed in South Carolina federal court by plaintiffs who allege Pfizer’s failure to adequately warn patients about Type 2 diabetes risks associated with the high-cholesterol medication. Lipitor plaintiffs further claim that labeling on the medication is insufficient in noting this association, even after the U.S. Food and Drug Administration (FDA) ordered in February 2012 that all statin manufacturers adjust labeling on their products to include diabetes risks.
A month before this FDA action, research published in JAMA: Internal Medicine showed post-menopausal women to be at an increased risk for new-onset diabetes on Lipitor.
If you or a loved one were diagnosed with Type 2 diabetes after taking Lipitor, you may be eligible to file a case against Pfizer. Learn more when you speak with our Firm’s attorneys at .