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Westlaw News

2nd Circuit urged to revive claims that Lipitor caused diabetes

Plaintiffs accusing Pfizer Inc of failing to warn that its cholesterol drug Lipitor could cause diabetes urged a federal appeals court Tuesday to revive their state law failure-to-warn claims against the company, which a district judge had rejected as preempted by federal law.

Keith Altman, arguing for the plaintiffs – patients who took Lipitor and their spouses – told the 2nd U.S. Circuit Court of Appeals panel that Pfizer failed to report a link between Lipitor and diabetes to the Food and Drug Administration, which could then have allowed the company to update the drug’s label to reflect the risk.

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