A manufacturer preparing to defend Lipitor lawsuit claims is attempting to dismiss several cases filed by Texas plaintiffs, citing laws in the state that prohibit certain failure-to-warn claims.
According to a motion on October 3, Pfizer Inc. is seeking to dismiss at least 10 claims over the cholesterol medication that accuse the company of failing to adequately warn about new-onset diabetes and other side effects that may stem from the medication. Laws in the state prohibit these claims, when they involve warning labels that were approved by the U.S. Food and Drug Administration (FDA)—regardless of whether they fail to provide adequate information about patient safety. The motion was presented before a federal judge presiding over all Lipitor lawsuits filed in federal court.
In order to get around Texas law, plaintiffs would have to prove that Pfizer withheld information from the FDA about its Lipitor diabetes knowledge, sold the medication after a recall or for uses not approved by the federal agency, or bribed a federal official to publish a warning label that failed to fully disclose its risks, the motion states.
The Lipitor lawsuits that would be dismissed through Pfizer’s request are just a few of thousands filed by women who allege new-onset diabetes caused by the cholesterol statin. In a federal multidistrict litigation (MDL) now pending in the U.S. District Court, District of South Carolina, at least 1,279 claims accuse the manufacturer of negligence in designing, manufacturing and marketing a drug that is now used by thousands suffering from high-cholesterol. They also reference an FDA mandate from February 2012 that required all statin manufacturers to adjust their products’ labeling to warn about their association with Type 2 diabetes. Plaintiffs allege that Lipitor’s labeling remained insufficient even after the federal requirement.
According to court records, the first federal trial dates involving the cholesterol drug are expected to begin a year from now, in October 2015. These hearings will take place in South Carolina, and involve claims of Type 2 diabetes, and will hopefully serve as an indicator of how juries will rule in similar actions against Pfizer.
Call a Lipitor lawyer today to learn about the mounting litigation involving Pfizer Inc. The Firm’s attorneys can be reached directly at (888) 723-0074.