Merck Escapes Some Injury Claims In Fosamax MDL

By David McAfee (March 26, 2014, 7:06 PM EDT) -- A New Jersey federal judge on Wednesday tossed some claims brought against Merck & Co. Inc. in multidistrict litigation accusing the company of negligence over femur fractures and similar injuries allegedly caused by its osteoporosis drug Fosamax, saying those claims are preempted.

Last June, in a related case known as Glynn v. Merck, U.S. District Judge Joel A. Pisano said that claims that Merck had failed to warn a consumer of the possible risk of femur fractures from the use Fosamax were preempted under federal law because the U.S. Food and Drug Administration had refused to strengthen the drug's label the...

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