3rd Circ. Revives Fosamax Warning Class Against Merck

By Rick Archer (March 22, 2017, 4:58 PM EDT) -- The Third Circuit Wednesday revived a class action suit claiming Merck failed to warn patients about the risk of its osteoporosis drug Fosamax causing irregular hip fractures, saying the drugmaker must prove to a jury federal regulators blocked the warning.

The panel reversed a district court ruling that had dismissed the claims against Merck Sharp & Dohme Corp. on the grounds the Food and Drug Administration would not have approved of the addition of a fracture warning, saying there was a valid argument Merck could have gotten approval if it had described the fractures differently.

"A reasonable juror reviewing the evidence...

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