Court Affirms Dismissal of Lipitor Complaints Based on Immunity Statute

NEW YORK - A group of Lipitor plaintiffs who claimed they developed neurological and psychological injuries after taking the drug failed to plead any allegations that would preclude their claims from dismissal based on Michigan's drug manufacture immunity statute, a state appeals court has held. Devore v. Pfizer Inc., No. 09194 (N.Y. Sup. Ct., App. Div. First Dept.).

The New York Supreme Court First Department Appellate division ruled Nov. 20 that a trial court correctly dismissed the three cases based on the plaintiffs' failure to allege that Lipitor manufacturer Pfizer Inc. fraudulently obtained FDA approval for the drug.

Evidence …