The West Virginia Record (11/6/13) reports that Charlotte Kearnes filed the lawsuit alleging her use of Lipitor caused her to develop type 2 diabetes. As a result of the diabetes, Kearnes reportedly also developed vision loss due to cataracts, requiring her to undergo cataract surgery in both her eyes. The plaintiff alleges that if she had known about the risk of developing type 2 diabetes, she would not have used Lipitor.
In August 2013, a panel of judges considering a motion to centralize Lipitor litigation in the District of Southern Carolina denied that motion. Although the panel noted that the actions shared allegations that Lipitor was linked to the development of type 2 diabetes and allegations that Pfizer failed to warn consumers of that link, the judges found that almost half of the lawsuits involving Lipitor were already pending in the District of Southern Carolina and many involved a common plaintiffs’ counsel. Furthermore, the panel noted, there are still few lawsuits filed against Lipitor, even though it has been more than a year and a half since the Lipitor label was updated to include the risk of type 2 diabetes.
As such, the motion for a consolidated multidistrict litigation was denied.
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Critics, however, say those guidelines downplay the risk of side effects, including muscle problems.
The Lipitor motion for consolidation was In Re: Lipitor (Atorvastatin Calcium) Marketing, Sales Practices and Products Liability Litigation, MDL 2459.