Georgia residents Mary and Collin S filed another Lipitor suit claiming type-2 diabetes side effect. Their suit was added to the national Lipitor type-2 diabetes multidistrict litigation (aka, Lipitor MDL). Their claim, like so many others’, is that Mary, age 68, developed type-2 diabetes as a result of taking Pfizer’s Lipitor high cholesterol drug.
Mary took Lipitor from July 1999 to June 2008 and was diagnosed with type-2 diabetes in February 2007. The suit states, “As a direct, proximate and foreseeable result of Defendants actions or inactions, Plaintiff suffered grievous bodily injury and consequently economic and other losses, including but not limited to pain and suffering, emotional distress and loss of enjoyment of life.”
The counts Mary and Collin list against Pfizer include negligence, negligent misrepresentation, negligent design, design defect, failure to warn, breach of express warranty, and breach of implied warranties, fraud and misrepresentation, constructive fraud, loss of consortium, unjust enrichment and a request for punitive damages.
In that laundry list of counts, I can easily foresee at least one or two surviving any challenges Pfizer might propose.
As you might guess, I’m less than sympathetic to Pfizer here. Reports indicate that 4,000+ women have developed type-2 diabetes as a result of taking Lipitor. I don’t believe in coincidence in these matters.
Apparently, neither does the FDA. The agency issued a public health notice in August 2011 requiring Pfizer to add new warnings of type-2 diabetes risks to Lipitor’s label. In 2012, the FDA mandated that all manufacturers of statin drugs must include such warnings on their labels.
What makes me even less sympathetic to the Big Pharma giant is the fact that it hemmed and hawed for seven months before finally complying with the FDA’s label change request in February 2012. I’ll admit that I’m no expert in the actions Pfizer had to take to change Lipitor’s labeling, but I’m having a hard time believing that it takes seven months.
It sounds to me like Pfizer wanted to maximize profits for as long as it could before complying. Bad Pfizer. No cookie for you!