By Emily Field (February 3, 2015, 8:09 PM EST) -- A South Carolina federal judge on Monday nixed Pfizer Inc.'s attempt to duck 10 cases in multidistrict litigation over claims that its cholesterol drug Lipitor can cause diabetes, saying that their Texas failure-to-warn claims aren't preempted by federal regulation.
U.S. District Judge Richard M. Gergel, presiding over the MDL, rejected Pfizer's argument that the Federal Food, Drug and Cosmetic Act preempts an exception to a Texas statute creating an affirmative defense that a pharmaceutical manufacturer isn't liable for failure-to-warn if Food And Drug Administration warnings accompany a product. According to the ruling, both Pfizer and the plaintiffs agree that the only...
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