Merck Fosamax Case Doesn’t Merit SCOTUS Review, Plaintiffs Say

Women alleging Merck, Sharp & Dohme Corp.'s bone-building drug Fosamax caused thighbone fractures urged the U.S. Supreme Court to let stand a decision reviving their claims.

The U.S. Court of Appeals for the Third Circuit correctly held Merck didn’t offer the required clear evidence that the Food and Drug Administration would have rejected a properly worded warning about atypical femur fractures, the plaintiffs say in an Oct. 25 brief opposing review (Merck, Sharp & Dohme Corp. v. Albrecht, U.S., No. 17-290, opposition filed 10/25/17).

Atypical femur fractures are breaks to the thighbone that happen without impact.

The Fosamax ...