Judge In Fosamax Femur MDL Again Finds Warning Claims Are Preempted

Mealey's (March 24, 2022, 2:19 PM EDT) -- TRENTON, N.J. — A New Jersey federal judge on March 23 granted summary judgment to Merck Sharp & Dohme Corp. in the 14-year-old Fosamax femur fracture multidistrict litigation, finding that there is “clear and convincing” evidence that Merck sought a warning about long-bone fractures attributed to the osteoporosis drug and that the Food and Drug Administration rejected it, thus preempting the failure-to-warn claims of up to 500 plaintiffs....