Merck Says Fosamax Femur Fracture Claims Are Preempted

Law360, New York (January 16, 2013, 2:52 PM EST) -- Merck & Co. Inc. urged a New Jersey federal court Tuesday to dismiss part of a multidistrict litigation accusing it of negligence and other claims over femur fractures and similar injuries allegedly caused by its osteoporosis drug Fosamax, arguing those claims are preempted.

The drug company argued in a motion for summary judgment that plaintiff Bernadette Glynn's claims should be dismissed because they are premised on an alleged failure to warn, citing the U.S. Supreme Court's 2009 ruling in Wyeth v. Levine holding that state law...
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