May 24, 2018 / 9:22 PM / 9 months ago

Government asks Supreme Court to take up Fosamax preemption appeal

The U.S. Solicitor General urged the U.S. Supreme Court to take up an appeal by Merck & Co, saying a federal appeals court wrongly decided a case alleging the company failed to warn of risks that its osteoporosis drug Fosamax could cause atypical femur fractures.

The 3rd Circuit U.S. Court of Appeals ruled last year that the claims could go before a jury, rejecting Merck’s argument that the they were preempted by the U.S. Food and Drug Administration’s 2009 rejection of a label change warning of the risk.

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