Rite Aid Moves For Dismissal in 'Counterfeit' Lipitor Case

CHARLESTON, W. Va- Rite Aid has moved to dismiss claims by a West Virginia woman who alleges she was sold counterfeit Lipitor and suffered dangerously high levels of triglycerides as a result. Ashworth v. Albers Medical Inc., et al. No. 05-C-12 (D. W. Va.).

Plaintiff Tammy Ashworth alleged in a complaint filed in state court that various manufacturer defendants manufactured, distributed or sold a 'counterfeit' medication purporting to be Lipitor, which she purchased from a Rite Aid retail pharmacy in Big Chimney, W. Va.

Ashworth asserted nine theories of recovery against all defendants: strict liability; negligence; breach of express warranty; …