Pfizer Attempting to Dismiss Chantix Lawsuits After July 2009 Warning
Pfizer is asking a federal judge to throw out Chantix lawsuits filed by individuals who experienced psychiatric side effects while using the stop-smoking medication after a “black box” warning was added to the medication in July 2009. The drug maker also argues that they are entitled to summary judgment in many cases that were filed after the statute of limitations based on that warning update.
Several hundred lawsuits over Chantix have been filed against Pfizer on behalf of individuals who committed suicide, attempted suicide, engaged in unusually agressive behavior or were otherwise injured as a result of neuropsychiatric events while taking the medication to help them quit smoking.
On May 18, Pfizer filed a Motion for Summary Judgment (PDF) in the U.S. District Court for the Northern District of Alabama, where all federal cases have been consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, before U.S. District Judge Inge Johnson.
Did You Know?
Millions of Philips CPAP Machines Recalled
Philips DreamStation, CPAP and BiPAP machines sold in recent years may pose a risk of cancer, lung damage and other injuries.
Learn MoreThe motion seeks the dismissal of all cases in which plaintiffs were prescribed Chantix after July 1, 2009, when the FDA added a prominent warning to the drug’s label about the psychological side effects of Chantix.
The motion also argues that July 1, 2009 should be used as the date to measure the Chantix statute of limitations, resulting in the dismissal of all cases from states with one year statutes that were not filed before July 1, 2010; from states with two year limits that were filed after July 1, 2011; and for cases from states with three year limits that are not filed before July 1, 2012.
Chantix (varenicline) was approved in the United States by the FDA in 2006, as a prescription medication to help people quit smoking. The drug works by reducing the positive feelings that come from cigarettes, blocking the receptors in the brain commonly stimulated by nicotine. However, the impact of the drug on the brain has resulted in a number of reports from users who experienced sudden, unusually aggressive behavior, thoughts of self-harm and suicide.
In June 2009, the FDA added a “black box” warning to the medication about the potential risk of changes in behavior, depression and suicidal thoughts, which is the strongest warning that can be placed on a prescription medication in the United States.
All of the injury lawsuits filed against Pfizer allege that drug maker failed to adequately research their medication before introducing it, or adequately warn consumers or the medical community about the risk of Chantix side effects.
Pfizer argues that the Chantix label warning added by July 1, 2009 is adequate as a matter of law, and argues that no one who was prescribed Chantix after that date should be allowed to claim that there was a failure to warn of the potential psychiatric side effects.
Plaintiffs have not yet responded to the Motion for Summary Judgment, and Pfizer has not identified how many cases may be subject to dismissal. If the Court grants the motion, the drug maker has indicated that it will seek an entry in each individual case at an appropriate later time.
According to a pretrial order issued earlier this year, the first Chantix trial date in the federal MDL is expected to begin on October 22, 2012, with a second trial scheduled to begin on January 22, 2013.
Want a weekly update on top lawsuits, recalls & warnings?
"*" indicates required fields
2 Comments
terriJune 4, 2012 at 2:09 pm
As long as Chantix is on the market, Pfizer SHOULD be RESPONSIBLE for all injuries incurred!!!!
TERRIMay 22, 2012 at 2:37 pm
I TOOK TWO CHANTIX SCRIPS BACK/BACK BETWEEN OCT. '06 AND OCT. '07. ENDURED TWO, LONG, HOSPITAL STAYS IN '08, PLUS PSYCHE UNIT. I CAN ASSURE ANY DOUBTERS OUT THERE...THIS DRUG IS FOR REAL! THE SIDE EFFECTS...DISTURBINGLY REAL!!!! OF COURSE, I DIDN'T PUT 2 & 2 TOGETHER UNTIL SEVERAL MONTHS AFTER MY STAYS. IT TOOK AN OUTSIDER TO POINT OUT THE POSSIBILITY!! ONCE I STARTED MY OWN RESEARCH...I [Show More]I TOOK TWO CHANTIX SCRIPS BACK/BACK BETWEEN OCT. '06 AND OCT. '07. ENDURED TWO, LONG, HOSPITAL STAYS IN '08, PLUS PSYCHE UNIT. I CAN ASSURE ANY DOUBTERS OUT THERE...THIS DRUG IS FOR REAL! THE SIDE EFFECTS...DISTURBINGLY REAL!!!! OF COURSE, I DIDN'T PUT 2 & 2 TOGETHER UNTIL SEVERAL MONTHS AFTER MY STAYS. IT TOOK AN OUTSIDER TO POINT OUT THE POSSIBILITY!! ONCE I STARTED MY OWN RESEARCH...I WAS IN SHOCK. HOW COULD ANYONE W/A CONSCIENCE PUT A DRUG ON THE MARKET W/SUCH HORRID SIDE EFFECTS???!!!! SURELY, THEY WOUDN'T KNOWINGLY PUT SOMETHING SO DEADLY IN THE HANDS OF TRUSTING CONSUMERS???!!!! WOULD THEY???!!!!...would they???? 4 years ago today...I was on a ventilator as my family watched in horror. The nite before I had taken a long drive to a rural area, singing to olldies along the way...found a closed, used car dealership...parIked on angle to blend in....wrote short note, "it's been real?... swallowed over 240 sleeping pills and cut self up w/razors. Found unconscious by owner of car lot, who called police...who called ambulance. I remember nothing. Why....HOW...could I DO such a thing???!!! I don't know!!! I really don't have any answers!!!!!!!!! I LOVED my life!!! What the....??? It's been a long, CRUEL, PAINFUL, road back. I'm not some young, junkie...or a money hungry person looking to make a quick buck...I was a 55-yr. old, respectable grandmother, wife, mother, dependable employee....LOVED my life!! Was a closet smoker, 1-3 cigarettes per day.....decided this is crazy!! When Chantix hit the shelves...I hit the bricks!! Couldn't get started fast enough!!!!!!!!! Never took drugs as a teen...yet can desribe FIRST-hand at 55...an HALLUCINATION. I won't bore you w/all the gory details of my experience, but I just want people to OPEN your eyes!!! We are just a number and NO ONE REALLY has our best interest at heart!! We are expendable...and the sooner we absorb thatfact...the better. I TRUSTED blindly everyone involved in getting this script. I WANTED it to work!! And, in all fairness...it DID touch on the smoking receptors...could BELIEVE my luck!!! And, had it STOPPED there...all would've been well w/the world....but, it didn't...once it touched on the smoking receptors, it GREW FEET...and travelled on and on throughout my brain....affecting not ONLY my every WAKING moment....but crept into my dreams...and it got to the point of such pure exhaustion and confusion...I could no longer decipher my state. This is ONE, VERY SCARY drug!! It's a LONG, SLOW, yet THOROUGH process...and while you can even FEEL yourself spiral....you are powerless to stop it. You just better hang on for the ride and pray you land safely. Your life as you knew it is about to change forever...and your world will be turned upside down and inside out. Don't learn the hard way. Give people's negative experience w/Chantix the benefit of the doubt. WAIT and see how this unfolds. I found out the HARD way... no one has your back.. it's a cold, cruel, GREEDY world we live in. Save yourself the heartache.