Appeals Court Affirms Dismissal of Lipitor Diabetes Case

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The 2nd Circuit Court of Appeals has upheld a New York federal court’s determination that a suit accusing Pfizer of failing to adequately warn that its cholesterol drug Lipitor could cause diabetes was preempted by federal law. The appeals court summary order says the decision was based on “substantially the reasons stated by the district court.”

Reuters reports the 2019 case is one of many filed around the U.S. alleging that Lipitor can cause diabetes. Most of the cases were consolidated in multidistrict litigation that was dismissed in 2017 after the plaintiffs’ experts were excluded, the news service says.

In the 2nd Circuit case, the plaintiffs — patients who took Lipitor and their spouses — focused on some 6,000 adverse event reports the company submitted to FDA of patients being diagnosed with diabetes after taking Lipitor. They said that Pfizer failed to warn of diabetes risk because the company was required to not only submit the adverse event reports but also to analyze them.

The district court held that the claims were preempted because Pfizer could not change the FDA-approved labeling without approval by the agency. It said preemption could only be overcome if Pfizer had new information linking diabetes with Lipitor that it failed to report.

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