Fosamax Lawsuits' Future to be Decided by Supreme Court
Category: Fosamax
More Info: Defective Drugs
The fate of about 500 lawsuits involving the drug Fosamax is now in the hands of the U.S. Supreme Court.
The nation’s highest court has agreed to consider overturning an appellate court ruling that reinstated the lawsuits after a federal trial judge dismissed them.
The issue involves whether Merck, the manufacturer of the osteoporosis drug, failed to warn of the danger that patients taking Fosamax could develop a specific type of thigh bone fractures.
Merck argues that it asked the U.S. Food and Drug Administration to approve such a warning on its label, but the FDA denied its request.
Lawyers for the injured patients say Merck asked for a warning about a different kind of fracture than those involved in the lawsuits.
The Third Circuit Court of Appeals ruled in March 2017 that jurors should decide the issue. But the Trump administration — invited by the Supreme Court to weigh in — maintained this issue should be decided by judges.
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See the original article here: https://www.drugwatch.com/news/2018/07/02/fosamax-lawsuits-future-to-be-decided-by-supreme-court/
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