Ala. Federal Judge Dismisses Lipitor Action; Allows Plaintiff to Replead Claims Against Pfizer

BIRMINGHAM, Ala. — An Alabama federal judge has dismissed without prejudice a Lipitor personal injury case against Pfizer Inc. after finding that the plaintiff failed to back his allegations with sufficient facts.

In a May 22 order, Chief Judge Karon O. Bowdre of the U.S. District Court for the Northern District of Alabama gave the plaintiff 30 days to amend his claims of strict liability, design defect, fraud, negligence and breach of warranty.

In 2011, David Miller’s doctor gave him samples of Lipitor to maintain and lower his blood cholesterol levels. Miller says he ingested the drug as prescribed but …