In February 2014, more than a thousand cases alleging Lipitor caused Type 2 diabetes were consolidated in the US district Court for the District of South Carolina. As of last month, according to court documents, there are more than 1,600 pending cases. Recently, Pfizer, the manufacturer of Lipitor, attempted to to throw out 10 cases in the Lipitor Diabetes MDL, on the grounds that failure-to-warn claims made by the plaintiffs were preempted by federal regulation.
Judge Richard Gergel, who is presiding over the MDL, stated, “ As the Supreme Court has repeatedly noted, Congress did not provide a federal remedy for consumers harmed by unsafe drugs, and that Congress is well aware of the prevalence of such state tort litigation. The court finds no reason to believe Congress intended to preempt Texas products liability claims simpy because the Texas legislature has allowed a plaintiff to negate a statutory affirmative defense by showing that the defendant withheld or misrepresented information to the FDA.”
Current developments in the Pfizer MDL can be found on the United States District Court, District of South Carolina website. If you have developed Type 2 diabetes after taking Lipitor, and would like more information about your rights in a lawsuit, contact Estey Bomberger for a free consultation.