Pfizer Gains Appellate Victory in Lipitor Case

Skadden obtained an appellate win for firm client Pfizer Inc in 17 consolidated products liability personal injury actions involving Lipitor, the company’s cholesterol-lowering medicine. These actions were filed in New York Supreme Court on behalf of out-of-state residents who had taken Lipitor out of state and had allegedly been injured and treated out of state. On December 22, a five-judge panel of the Appellate Division, First Department unanimously affirmed Supreme Court Justice Martin Shulman’s June 2008 decision, which had held that such claims should be dismissed under the doctrine of forum non conveniens in favor of litigation in the plaintiff’s home state.