Merck Wants SCOTUS to Review Decision Reviving Fosamax Suits

Merck, Sharp & Dohme Corp. wants the U.S. Supreme Court to reverse an appeals court decision reinstating hundreds of suits over the bone-building drug Fosamax while making it nearly impossible for drugmakers to win preemption arguments (Merck, Sharp & Dohme Corp. v. Albrecht, U.S., No. 17-, certiorari petition 8/22/17).

The U.S. Court of Appeals for the Third Circuit saidwarning claims involving a branded drug are preempted, or barred by federal law, only if a jury finds it “highly probable” the Food and Drug Administration would have rejected the warning a plaintiff sought.

Fosamax is prescribed to treat ...