Lipitor Failure-To-Warn Claims Preempted, Texas Federal Judge Rules

HOUSTON — A Texas federal judge has dismissed a Lipitor injury action with prejudice, ruling that the claims are preempted by the Food, Drug and Cosmetic Act because they challenge federally-approved warnings.

On May 13, Judge Gray H. Miller of the U.S. District Court for the Southern District of Texas further ruled that the plaintiff’s off-label promotion claims are directly contradicted by his medical records.

Pro se plaintiff Larry Cooper alleged he developed diabetes and cataracts after taking Lipitor, Pfizer’s cholesterol-lowering drug. He asserted claims against Pfizer of negligence, negligent misrepresentation, negligent design, design defect, failure to warn, breach of …