3rd Circuit Overturns Merck’s Preemption Win In Fosamax Cases

(March 23, 2017, 1:14 PM EDT) -- PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on March 22 reversed a federal judge in New Jersey’s ruling awarding summary judgment to the maker of the osteoporosis drug Fosamax, finding that the manufacturer was unable to produce evidence showing that the Food and Drug Administration would not have approved a stronger warning on the drug’s label regarding the risk of femoral fracture (In re Fosamax [Alendronate Sodium] Products Liability Litigation, No. 14-1900, 3rd Cir., 2017 U.S. App. LEXIS 5075)....

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