Claims Against Pfizer Dismissed in Lipitor Case

Skadden secured the dismissal of RICO and consumer fraud claims brought against firm client Pfizer by a putative nationwide class of health and welfare funds and third-party payers. The plaintiffs alleged that Pfizer fraudulently marketed Lipitor, causing consumers to overpay for the medicine. In the September 30 dismissal, Judge Kimba M. Wood of the U.S. District Court for the Southern District of New York held that plaintiffs lacked standing to bring any of their claims because they failed to adequately allege a causal nexus between their alleged overpayment for Lipitor and Pfizer’s purported wrongful marketing.