STORY FROM: Drugs & Medical Devices
Multi-Plaintiff N.Y. Federal Lipitor Action Dismissed on Preemption Grounds
April 10, 2020
NEW YORK — A New York federal judge has dismissed a multi-plaintiff Lipitor injury action, ruling that the claims are preempted because the plaintiffs failed to plausibly allege the existence of newly acquired information that could have justified revision of the drug’s label.
In an April 7 order, Senior Judge William H. Pauley III of the U.S. District Court for the Southern District of New York further ruled that the claims are untimely under the state’s one-year statute of limitations.
On April 15, 2019, 24 plaintiffs filed the instant action in the New York County Supreme Court, alleging their ...