Pfizer has been hit with a class-action lawsuit due to their medication called Lipitor. This medication has been labeled as a defective product that can cause diabetes. The company has recently moved most of the cases to a federal court in West Virginia.
The Lipitor prescription is described as having the benefits of treating high cholesterol. The drawback to taking this type of medication is a person being afflicted with diabetes over time. All 40 plaintiffs that are listed on a master complaint live in separate areas. Pfizer has filed a removal notice to have the majority of the cases heard in West Virginia. The company claims that the case is removable due to there being an independent complaint from each of the other complaints.
Pfizer believes that the claims should be held in a state court. The company has stated that each of the plaintiffs had a distinct medical history and diverse medication therapy to treat their condition. Each plaintiff's circumstances are of their own caliber and does not warrant joint proceedings. Earlier this year, another case was filed against the company for their prescription drug Zoloft. That case was moved from Court of Appeals to a circuit court.
A defective product can inflict physical and financial burdens on patients. Patients who have been injured due to a defective product may be entitled to pursue legal action against the product manufacturer or pharmaceutical company. West Virginia patients may be awarded for lost wages and pain and suffering as a result of their injuries. Sometimes, litigation is unavoidable, leaving victims fighting for compensation and pharmaceutical companies battling to keep their doors open.
Source: The West Virginia Record, Pfizer removes dozens of McDowell Co. Lipitor lawsuits to federal court, John O'Brien, Oct. 25, 2013