After Recalling Oxbryta, Pfizer Seeks Dismissal of Class Action Brought by Former Users

Pfizer removed the sickle cell treatment from the market last year, after it was determined that severe side effects outweigh benefits, resulting in a number of Oxbryta lawsuits in recent months.

The makers of the recalled sickle cell disease drug, Oxbryta, have asked a federal judge to throw out a class action lawsuit, arguing that the claims presented by former users are preempted by federal law and that the plaintiffs lack standing to ask for class certification.

Oxbryta (voxelotor) was first introduced by Global Blood Therapeutics in late 2019, following accelerated approval by the U.S. Food and Drug Administration (FDA). The drug was acquired by Pfizer in 2022, when it purchased Global Blood Therapeutics for $5.4 billion, and it continued to promote Oxbryta as a safe and effective treatment for the root cause of sickle cell disease.

However, Pfizer announced a global Oxbryta recall in September 2024, following a large number of reports involving users experiencing painful sickle cell complications and deaths. When pulling the drug from the market, Pfizer acknowledged that the risks associated with the medication outweighed any potential benefits.

In late November 2024, several plaintiffs filed an Oxbryta class action lawsuit, indicating the manufacturers knew, or should have known, about the side effects associated with the sickle cell disease medication long before it recalled Oxbryta. However, rather than warning users, Pfizer and Global Blood Therapeutics continued to provide false and misleading information to the medical community.

Late last month, attorneys for Pfizer announced that it was filing a motion to dismiss (PDF) the class action lawsuit over Oxbryta. 

The motion argues that claims alleging that the drug makers failed to warn about side effects of Oxbryta are preempted by federal law, suggesting that since the original drug labels were approved by the FDA, the company should be insulated from liability.

In addition, the company argues that the complaints failed to properly state a claim, failed to state why they may be entitled to punitive damages, and that the parties do not have standing to bring the lawsuit under Article III of the U.S. Constitution.

“Defendants respectfully request an order dismissing with prejudice all causes of action brought against them in the above-captioned matter,” the motion states.

The Oxbryta class action lawsuit presented claims of breach of warranty, violation of the Magnuson-Moss Act, common law fraud, unjust enrichment, and violations of fair trade and consumer fraud laws in Georgia, Indiana and Illinois.