Merck Wins New Look at Fosamax Preemption Case at SCOTUS (1)

Merck & Co. notched a victory today as the U.S. Supreme Court vacated and remanded an appeals court decision that had reinstated several hundred Fosamax suits.

Plaintiffs alleged Merck didn’t warn quickly enough that the osteoporosis drug could cause atypical femoral fractures—thighbone breaks that happen without impact. Merck maintained federal drug labeling law preempted the suits.

Preemption is drug companies’ strongest defense in product liability suits, and attorneys on both sides have been watching the Fosamax case closely.

A trial court granted summary judgment for Merck. But the Third Circuit revived the suits in 2017. In doing so, it created ...