In re: Lipitor Marketing, Sales Practices and Products Liability Litigation
- Case Date: 7/7/2017
- Project Name: Civil Justice Reform
On June 12, 2018, the Fourth Circuit upheld a Multi-District Litigation (MDL) court’s orders excluding as unreliable the plaintiffs’ expert testimony and granting summary judgment to Pfizer, the maker of Lipitor. The decision was a victory for WLF, which filed an amicus brief in support of Pfizer urging affirmance of the district court’s rigorous application of Daubert’s gatekeeping standard for ensuring the reliability of expert evidence. The MDL involved more than 3,000 plaintiffs who alleged that their physician-prescribed use of Lipitor caused them to develop Type-2 diabetes. In its brief, WLF argued that the district court acted well within its discretion in excluding the plaintiff’s expert opinions and that, without such expert testimony, the plaintiffs could not establish causation. The appeals court panel agreed that because the plaintiffs’ experts failed to demonstrate any association between Lipitor and diabetes, summary judgment for Pfizer was appropriate.
More Information and Downloads:
6/12/2018: Download Ruling
7/7/2017: Download the Brief