The U.S. Court of Appeals for the Third Circuit has overturned the dismissal of multidistrict litigation over femur fractures suffered by users of Merck’s osteoporosis drug Fosamax. The decision gives new life to about 5,000 cases that have been dismissed in federal and state courts, according to plaintiffs’ counsel.
In the case, captioned In re Fosamax Products Liability Litigation, the appeals court vacated a decision below granting summary judgment to Merck on pre-emption grounds, finding the District Court misapplied the U.S. Supreme Court’s 2009 ruling in Wyeth v. Levine. In that case, the Supreme Court held that state-law failure-to-warn claims are pre-empted when there is clear evidence that the Food and Drug Administration would not have approved a warning label that the plaintiff claims was necessary.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
