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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!