A federal judge’s rare move has tossed out at least 750 failure-to-warn lawsuits filed against the makers of four diabetes drugs based on the federal pre-emption doctrine.
The decision found that drugmakers, which include Merck Sharp & Dohme Corp. and Eli Lilly and Co., were shielded from state law claims because the U.S. Food and Drug Administration would not have approved the changes to the product labels that the plaintiffs claimed were necessary. Plaintiffs allege that manufacturers failed to warn that taking the drug increased the risk of pancreatic cancer.
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