WLF Supports Dismissal of Lipitor Suit Against Pfizer
Washington Legal Foundation (WLF) says the 4th Circuit Court of Appeals should uphold a South Carolina federal court ruling dismissing a multi-district suit against Pfizer over its Lipitor marketing, sales practices, and product liability. In an amicus brief, WLF says it “believes that the quality of decision-making in the federal courts largely depends on the willingness of federal judges to take seriously their responsibility as gatekeepers, to ensure that unreliable ‘scientific’ expert evidence is not presented to the finder of fact. When judges disregard that obligation by, for example, deciding that the reliability of an expert’s opinion goes to weight rather than admissibility, they undermine the civil justice system’s ability to produce a fair and just result.”
The brief says that in the Lipitor case, the judge found that the plaintiffs’ expert evidence was inconsistent with well-accepted scientific standards and therefore inadmissible. It says the court gave plaintiffs multiple opportunities to establish either general causation at doses of Lipitor less than 80 mg or specific causation at any dose, and then granted summary judgment to Pfizer.