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Justices Told FDA's 'Smoking Gun' Sinks Fosamax MDL

Law360 (September 14, 2018, 7:55 PM EDT) -- Merck Sharp & Dohme Corp. has told the U.S. Supreme Court that “smoking gun” evidence from the U.S. Food and Drug Administration should sink a Third Circuit decision reviving multidistrict litigation over the company’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

A circuit panel had concluded that jurors could find the agency would have approved a differently worded warning from Merck. But the FDA has said it rejected the warning due to “‘the agency’s determination that the data...
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Case Information

Case Title

Merck Sharp & Dohme Corp., Petitioner v. Doris Albrecht, et al.

Case Number



Supreme Court

Nature of Suit

4365 Personal Injury-Product Liability

Date Filed

August 24, 2017

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