SAN FRANCISCO – A combination of ipse dixit statements and a temporal-based methodology may have left a jury unconvinced that Lipitor caused a victim’s Type 2 diabetes.

Dr. Elizabeth Murphy is a former Rhodes Scholar and the Chief of Endocrinology at the University of California-San Francisco.

During her deposition, Dr. Murphy made statements including, “if the patient was taking the Lipitor and they developed diabetes while on it … I would think that it would be a contributing factor” and “Lipitor has an increased risk, and that is why my conclusion is that it was a contributing cause.”

This testimony was likely meant to be summing-up points that would be easy to digest and therefore resonate with jurors, but drug and device manufacturers always attack them as statements that are mere assertions with no basis in fact.

Much of Dr. Murphy’s testimony focused on the temporal relationship between type 2 diabetes and Lipitor; in other words, if the patient took Lipitor and later developed Type 2 diabetes, the satin must have been at least partially responsible.

Medical Experts

The choice of an expert witness is critical to the success of a defective drug case. The expert must be sufficiently credentialed, but not seem like a “know-it-all.” The witness must also be persuasive, but not appear overly coached or “slick.”

A 1993 Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, sets out the legal standard for evaluating scientific expert witnesses. In a nutshell, the proffered expert testimony must:

  • Be empirically tested,
  • Have been subject to peer review and publication,
  • Have a discernible error rate,
  • Use existing methods, to the greatest extent possible, and
  • Be generally accepted in the scientific community.

Nearly all courts require plaintiffs in medical malpractice cases to have at least one expert witnesses, and jurors have similar expectations.

Although the expert must be sufficiently credentialed, this witness must also be able to convince 12 strangers to adopt a certain version of events that may be in conflict with common misconceptions about health and healthcare.

Our Lipitor Attorneys Can Help

Our dangerous drug lawyers help if you or someone you care about was harmed while taking this drug. Lawsuits have been filed against the drug manufacturer by both patients and their families seeking compensation for injuries caused by the dangerous drug. You may be entitled to a cash settlement.

Our No Fee Promise on Dangerous Drug Cases

You can afford to have our great team of lawyers on your side. When you choose us, it literally costs nothing to get started. We promise you in writing:

  • No money to get started,
  • We pay all case costs and expenses,
  • No legal fees whatsoever unless you receive a settlement, and
  • Phone calls are always free.

Start Your Liability Claim

Our dangerous drug lawyers will help you file your lawsuit. To get started, you can:

  • Submit the Free Case Review Box on this page, or
  • Call (866) 280-4722 any time of day to tell us about your case.

We will listen to your story and answer your questions. If you have a claim, we will start immediately.

WARNING: There are strict time deadlines for filing dangerous drug claims.