Merck Off The Hook In Fosamax Fracture Suit, Judge Rules

Law360, Los Angeles (June 27, 2013, 9:34 PM EDT) -- A New Jersey federal judge on Thursday said claims that Merck & Co. failed to warn a consumer of the possible risk of femur fractures from the use of its bone drug Fosamax are preempted under federal law because the U.S. Food and Drug Administration refused to strengthen the drug's label the year the consumer was injured.

U.S. District Judge Joel A. Pisano granted Merck summary judgment on the failure to warn question Thursday, effectively terminating Bernadette Glynn's lawsuit against the company. Glynn claimed she suffered a...
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