Will There Be A Lipitor Settlement for Diabetes Among Women?
Thousands of women throughout the United States have pursued a lawsuit after being diagnosed with type 2 diabetes from Lipitor.
While substantial evidence suggested that Pfizer knew or should hae known about the increased risk of diabetes for otherwise healthy women, yet failed to provide adequate warnings for consumers or the medical community, new cases are no longer being reviewed by our law firm.
In February 2014, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established centralized and consolidated proceedings in the federal court system for all Lipitor diabetes lawsuits filed by women in the federal court system.
The cases were centralize before U.S. District Judge Richard M. Gergel in the District of South Carolina as part of an MDL, or Multidistrict Litigation.
While such consolidation is often confused with a Lipitor class action suit, each claim actually remains an individual case where the plaintiff must establish that her diabetes was caused by Lipitor and Pfizer’s failure to warn consumers and the medical community.
In November 2015, the first federal Lipitor trial was expected to begin in the federal court system. While the outcome of the case would not be binding on any other women, it was expected to help the parties gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation and evaluate.
Following a motion for summary judgment, the Judge Gergel granted Pfizer’s motion to dismiss the federal litigation and the decision was upheld on appeal.
Factors in Negotiating to Settle Lipitor Suits
Any negotiations to settle Lipitor lawsuits would have been based on what a jury was likely to award in each individual case, including an assessment of the relative strengths of the suit. If a case proceeds to trial, a jury would take into account the severity of the damage and the economic impact of the diabetes diagnosis on each individual plaintiff.
In determining the amount of any damages from Lipitor, the following are some of the common factors that a jury may consider, and which will be taken into consideration when evaluating a potential Lipitor settlement offer:
- The extent and duration of the injury from Lipitor;
- The effect that the diabetes diagnosis had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The amount of any past or future medical expenses caused by Lipitor use;
- Any lost wages or loss of earning capacity
The Lipitor diabetes lawyers at Saiontz & Kirk, P.A. are no longer being accepted. This page is maintained for informational purposes only.