Charleston woman files Lipitor lawsuit against Pfizer

CHARLESTON - A Charleston woman is suing Pfizer Inc. in federal court after she claims she developed Type 2 Diabetes because of Lipitor.

Betty Pauley was prescribed Lipitor and used it as directed from approximately June 2001 until approximately November 2011, according to a complaint filed July 3 in the U.S. District Court for the Southern District of West Virginia at Charleston.

Pauley claims she developed Type 2 Diabetes after initiating her Lipitor treatment on Feb. 10, 2005.

As a result, for the rest of her life, Pauley must undergo regular testing of her blood glucose levels, adhere to a restrictive diabetic diet and take medication to control her diabetes, according to the suit.

Pauley claims due to her diabetes, she is now at markedly increased risk of heart disease, blindness, neuropathy and kidney disease.

"Had Defendant properly disclosed the risks associated with Lipitor, Plaintiff would have avoided the risk of diabetes by either not using Lipitor at all or by closely monitoring her blood glucose level to see if the drug was adversely affecting her metabolism," according to the suit.

Pauley claims as a result of the defendant's negligence and wrongful conduct, and the unreasonably dangerous and defective characteristics of Lipitor, she suffered severe and permanent physical and emotional injuries; endured pain and suffering and has suffered economic loss.

The defendant's conduct was committed with knowing, conscious, careless, reckless, willful, wanton and deliberate disregard for the rights and safety of consumers, according to the suit.

Pauley is seeking compensatory and punitive damages. She is being represented by J. Jeaneen Legato of Legato Law PLLC.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:13-cv-17178