The lawsuit was filed by Aubrey Isom against Pfizer and alleges negligence, failure to warn, breach of warranty and negligent misrepresentation. According to court documents, Isom took Lipitor (also known generically as atorvastatin calcium) and suffered injuries similar to those suffered by thousands of similar patients.
“Lipitor has been implicated in a national epidemic of type 2 diabetes in women taking Lipitor,” court documents allege. The lawsuit argues that Pfizer knew about the risk of diabetes for several years, but did not properly warn medical providers, resulting in thousands of women taking Lipitor, unaware that their blood sugar levels could be affected, or that they should be monitoring those levels.
Although Pfizer changed its label in 2012, the lawsuit argues that when it did so, the warning was vague and did not include direct information that consuming Lipitor could result in developing type 2 diabetes. Isom argues that the development of type 2 diabetes is preventable if blood sugar levels are properly monitored, but because of a lack of warning, patients did not know they should have monitored their blood sugar levels and, therefore, were not able to take proper steps to prevent the development of type 2 diabetes.
“As such, the development of type 2 diabetes in patients taking LIPITOR was also preventable and resulted directly from Defendant’s refusal to conduct proper safety studies; follow up alarming safety signals’ suppression of information revealing life-threatening risks; wanton failure to provide adequate instructions and willful misrepresentations concerning the nature and safety of its product,” the lawsuit alleges.
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Meanwhile, four more federal lawsuits were filed against Pfizer. The four were filed in March in West Virginia and allege the plaintiffs were diagnosed with type 2 diabetes after taking Lipitor. According to The West Virginia Record (3/4/14), the four lawsuits each seek more than $75,000 in damages.
The Isom lawsuit is Isom vs. Pfizer, Inc., Case number 8:13-cv-10250-CJC-JPR, US District Court, Central District of California. The four West Virginia lawsuits are 14-cv-9, 14-cv-14, 14-cv-18 and 14-cv-22.