As we reported a few months ago, Federal Judge Richard Gergel of Charleston, S.C., held two full days of hearings in Lipitor litigation on the admissibility of the expert testimony offered by the parties in late September with additional hearings on Oct. 22. The trial that was set for January 2016 was canceled, and Judge Gergel excluded most of the Plaintiff experts’ opinions and testimony on both liability and causation – two key elements to proving pharmaceutical cases.
We respectfully disagree with Judge Gergel’s rulings and believe there is a strong association between Lipitor and Type 2 diabetes in women who were prescribed the drug for the primary prevention of cardiovascular events. We also believe this is supported by evidence that Judge Gergel should have allowed a jury to hear and decide. As a result of his rulings, however, the MDL is now effectively on hold. The Plaintiffs’ Steering Committee is weighing its options to appeal to the Fourth Circuit Court of Appeals. This process could take a year or more.