Supreme Court Should Review Fosamax Preemption Decision, US Says

The Trump administration urged the U.S. Supreme Court to review a decision that reinstated hundreds of Fosamax product liability suits against Merck, a boost for the pharmaceutical giant and other drug makers even though there’s still no guarantee the high court will take it up.

The U.S. Court of Appeals for the Third Circuit erroneously held that a jury must decide issues that determine whether federal drug labeling law preempted the plaintiffs’ claims, the U.S. solicitor general said in a May 22 brief.

Plaintiffs allege Merck didn’t warn soon enough that the bone-building drug could cause atypical femur (thigh-bone) ...