Labeling Update Claims Survive Dismissal In Fosamax MDL

Law360, New York (August 15, 2013, 8:44 PM EDT) -- A New York federal judge ruled Thursday that manufacturers of generic versions of the bone drug Fosamax can be held liable for failing to match their warning labels to the brand-name label, in multidistrict litigation over a jaw condition allegedly caused by the drug.

U.S. District Judge John Keenan granted much of a dismissal motion filed by a group of generic Fosamax makers in hundreds of lawsuits over the drug, finding that the plaintiffs' design defect claims and a portion of their failure-to-warn claims are preempted...
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