2nd Circ. Won't Revive Suit Against Pfizer Over Lipitor

Law360 (May 12, 2021, 6:12 PM EDT) -- The Second Circuit on Wednesday denied an appeal by patients alleging that Pfizer Inc.'s former cholesterol drug Lipitor gave them Type 2 diabetes, agreeing with the trial court's decision that their claims were either federally preempted or filed too late.

The three-judge panel did not delve deeply into its reasoning for affirming the dismissal of the case led by named plaintiff Barbara Gayle, saying only that the circuit judges agreed with the reasons stated by the district court judge when the case was first dismissed, and that for those same reasons, the panel concluded leave to amend was futile.

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