Lipitor Lawsuit

Lipitor (atorvastatin), a cholesterol medication made by Pfizer, Inc., is the bestselling drug of all time, with $130 billion in sales.

It belongs to a group of drugs known as statins, which lower cholesterol production in the liver. Lipitor has helped many patients to manage cardiovascular risks such as heart disease, heart attack, and stroke, but research shows that Lipitor can also raise blood sugar levels and lead to type 2 diabetes.

A new warning label for this side effect was added to Lipitor in 2012, but many believe that the warning came too late and is insufficient.

As a result, hundreds of Lipitor patients who developed type 2 diabetes have filed lawsuits against Pfizer alleging that the company should have included stronger warnings on Lipitor labels.

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Lipitor and Diabetes

Researchers don’t know exactly how statins can lead to diabetes. One theory is that statins can increase a patient’s insulin resistance. Another is that statins impair the ability of the pancreas to secrete insulin.

While it isn’t perfectly understood how Lipitor increases diabetes risk, the association is well established in medical literature, including studies published in BMJ, Journal of the American College of Cardiology, Journal of General Internal Medicine, Diabetologia, and JAMA.

Studies have typically found that statins increase the risk for diabetes by 10-25%, but newer research suggests that statin therapies such as Lipitor increase the risk of type 2 diabetes by 46%.

A separate analysis, based on beneficiaries of the military’s Tricare health system, found that statin drug users were 87% more likely to develop diabetes. This study is significant because it was the first to look at the link in relatively healthy patients. The study also found that patients on statins were 250% more likely to develop diabetes with complications compared to non-statin users.

Some evidence suggest that statin-associated diabetes may be more common in women, the elderly, and Asians. Most of the thousands of people who have filed lawsuits against Pfizer have been women.

Type 2 diabetes is a lifelong condition that can be managed, but not cured.

FDA Warnings About Lipitor

The FDA released a statement in 2012 announcing that it had approved label changes for statin drugs. The new labels indicate that statins may cause increased blood sugar levels (hyperglycemia) and diabetes. (In the same statement, the FDA also reported on a Lipitor labeling change related to possible brain-related effects, such as memory loss, confusion, and memory impairment.)

But the FDA approved Lipitor in 1996. So for 16 years (from 1996 to 2012), Pfizer did not warn Lipitor patients about the increased risk of diabetes.

Many patients developed diabetes during this period, and many have decided to take legal action.

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Lipitor Lawsuits

With the news that FDA was updating Lipitor labels to warn about the risk of developing diabetes, lawsuits patients began filing lawsuits against Pfizer alleging that the company knew about this serious side effect but failed to properly warn the public. As Lipitor diabetes lawsuits increased, they were consolidated into a single federal courtroom in Charleston, South Carolina.

The Lipitor MDL (multidistrict litigation) now consists of roughly 3,000 lawsuits. Nearly 30 million U.S. patients have been prescribed Lipitor since 2006, suggesting a vast number of potential plaintiffs.

Plaintiffs who join the MDL retain their own attorneys and maintain their own lawsuits.

The first trials in the Lipitor MDL are scheduled to begin in 2016.

Lipitor Settlements

Though the Lipitor lawsuits have not yet gone to trial, and there have been no settlements, similar cases suggest enormous rewards for plaintiffs:

  • In 2011, AstraZeneca paid $647 million to settle nearly 30,000 lawsuits claiming the company’s Seroquel medication caused diabetes and other health issues.
  • In 2005, Bayer paid $1 billion to settle 3,000 cases (about the same number Pfizer faces) alleging that its own statin, Baycol, caused rhabdomyolysis (a condition that erodes muscle tissue).

Pfizer may want to take its chances in court (at least early on) in order to see if it can beat these allegations and spare itself the kind of mammoth settlement cited above. But the diabetes warning the FDA added to Lipitor in 2012 is fairly damning, and Pfizer faces so many cases that a settlement would save the company considerable time and energy. So, in the end, Pfizer will likely settle most if not all of these cases.

Did Pfizer Adequately Warn About the Diabetes Risk?

The main allegation of Lipitor diabetes plaintiffs is that Pfizer knew or should have known about the drug’s diabetes risk and that the company did not properly warn the public about the potential side effect.

This argument is particularly strong for patients who took Lipitor prior to the 2012 labeling change that warned about diabetes. But others argue that the updated label still does not go far enough.

The new Lipitor diabetes warning states, “Increases in HbA1c and fasting serum glucose levels have been reported with HMG-CoA reductase inhibitors, including Lipitor.” Some plaintiffs argue that because this warning does not explicitly describe the diabetes risk in plain English, it is insufficient.

Lawsuit Eligibility

To be eligible for a Lipitor lawsuit, you must have taken the drug and been diagnosed with type 2 diabetes.

How a Lawsuit Can Help

Patients who develop diabetes from Lipitor will live with the condition for the rest of their lives. Diabetics must undergo regular blood glucose testing, follow a strict diet, and take medication. They are also at an increased risk for disabling and life-threatening complications:

  • Cardiovascular disease
  • Nerve damage
  • Kidney damage
  • Alzheimer’s disease

A lawsuit can compensate victims for all their medical bills (including future medical bills) related to their diabetes, as well as for lost wages or reduced earning power resulting from the disease. Lawsuit compensation may also cover things like physical pain, mental anguish, and reduced quality of life.

Morgan & Morgan Will Fight for You

At Morgan & Morgan, our expert legal team helps people injured by pharmaceuticals sue drug companies and hold them accountable for their dangerous and defective medications. We have decades of experience handling these cases and know how to get victims the compensation they deserve.

We have helped more than 200,000 clients win $2 billion in settlements and awards—and we only collect a fee if we resolve your case successfully.

If you or a loved one has been diagnosed with type 2 diabetes after taking Lipitor, you may be entitled to compensation for mental anguish, medical expenses, and other damages. To find out if you may be eligible for compensation, please contact us today.