STORY FROM: Drugs & Medical Devices
S.C. Federal Judge Remands Lipitor Cases, Says Pharmacy May be Held Liable for Assumed Duty to Warn
November 4, 2016
CHARLESTON, S.C. — A South Carolina federal judge has remanded two Lipitor actions to Michigan state court, finding the plaintiffs have a “glimmer of hope” of establishing a claim in state court against the nondiverse pharmacy defendant based on an assumed duty to warn.
On Nov. 1, Judge Richard Gergel of the U.S. District Court for the District of South Carolina noted that under Michigan law, a pharmacy can be held liable if it voluntarily undertook a duty to warn through advertising or telling a patient about side effects.
Plaintiffs in the instant cases allege that Lipitor caused them to ...