Justices Ask SG To Weigh In On Merck's Fosamax MDL

Law360, New York (December 4, 2017, 4:05 PM EST) -- The U.S. Supreme Court on Monday asked the solicitor general to weigh in on an attempt to end multidistrict litigation against Merck Sharp & Dohme Corp. over its alleged failure to warn about fracture risks from its osteoporosis drug Fosamax that hinges on a U.S. Food and Drug Administration decision.

The court asked the solicitor general to file a brief explaining the government's position on Merck's request that the court end the suit alleging a failure to warn about potential femoral fractures, where the two sides are at odds over why the FDA initially removed a warning about "stress fractures" from...

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