SCOTUS to Review Revival of Merck Fosamax Suits (1)

Merck & Co. won its bid for U.S. Supreme Court review of a decision reinstating hundreds of Fosamax product liability suits.

The court granted review June 28 following the Trump Administration’s recommendation that it take the case.

At issue is whether the Food and Drug Administration’s approval of a drug label bars claims challenging the warning.

The U.S. Court of Appeals for the Third Circuit rejected Merck’s argument that the women’s claims were preempted by federal law.

The decision could help clarify issues left unanswered by the Supreme Court’s landmark 2009 ruling in Wyeth Inc. v. Levine.

There, the ...