Supreme Court tosses out ruling allowing lawsuits against drug manufacturer
Source: The Hill
The Supreme Court on Monday ordered a lower court to reconsider whether hundreds of lawsuits against a pharmaceutical company can move forward.
The justices unanimously ruled that the 3rd Circuit Court of Appeals should revisit its prior ruling allowing for the legal challenges against the drug manufacturer Merck & Co. Hundreds of individuals had filed suit against the company over the osteoporosis drug Fosamax, alleging that the firm failed to comply with state law by not quickly including a warning on the drug label that it could cause thigh-bone fractures.
The company had argued that the lawsuits were preempted by Food and Drug Administration (FDA) regulations on changing drug labels, claiming that the FDA would not have approved the change.
Merck pointed to the FDA rejecting their attempt in 2008 to add a warning about potential stress fractures as reason to believe they would also not approve a warning about the thigh-bone fractures.
Read more: https://thehill.com/regulation/444556-supreme-court-tosses-out-ruling-allowing-lawsuits-against-drug-manufacturer?amp&__twitter_impression=true
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