About 5,000 lawsuits alleging femur fractures caused by Merck’s osteoporosis drug Fosamax that had been dismissed in federal and state courts were given new life when the U.S. Court of Appeals for the Third Circuit overturned the dismissal. The appeals court found that the District Court misapplied the U.S. Supreme Court’s 2009 ruling in Wyeth v. Levine, during which the Supreme Court held that state-law failure-to-warn claims are preempted when there is evidence that the Food and Drug Administration (FDA) would not have approved a warning label that those suing the drug company claim was necessary. In June 2014, U.S. ... Read More
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