2nd Cir. Panel Refuses to Revive Multi-Plaintiff Lipitor Injury Action

NEW YORK — A federal appeals court has refused to reinstate a multi-plaintiff Lipitor injury action, agreeing with the lower court that the claims are preempted because the plaintiffs failed to plausibly allege the existence of newly acquired information that could have justified Pfizer’s revision of the drug’s label.

In a May 12 summary order, the 2nd Circuit U.S. Court of Appeals panel further affirmed that the claims are untimely under New York’s one-year statute of limitations.

Plaintiffs filed the action in the New York County Supreme Court on April 15, 2019, alleging their ingestion of Lipitor to lower their …