Law Offices of Thomas J. Lamb

  • Asbestos & Mesothelioma
  • Benzene Diseases
  • Camp Lejeune Cases
  • Drug Injury
  • Free Case Evaluation
  • About Us

Merck Wants The US Supreme Court To End Fosamax – Femur Fracture Cases

September 20, 2017 By Law Offices of Thomas J. Lamb, P.A.

On August 22, 2017 attorneys for Merck filed their Petition For A Writ Of Certiorari, which sets the stage for Merck’s Fosamax appeal to the Supreme Court with the following:

The question presented is: Is a state-law failure-to-warn claim preempted when the FDA rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data; or must such a case go to a jury for conjecture as to why the FDA rejected the proposed warning?

As background, in March 2017 the Third Circuit Court of Appeals decided to reverse a ruling by U.S. District Court Joel Pisano which had dismissed all the federal court Fosamax – femur fracture cases on federal preemption grounds. In turn, hundreds of those Fosamax lawsuits have been reinstated at the trial court level.

From our Drug Injury Watch blog article about that development, “Fosamax – Femur Fracture Lawsuits In Federal Court MDL: March 2017 Appellate Court Ruling Reinstates Lawsuits”:

Essentially, the Third Circuit held that the ultimate question of whether the FDA would have rejected a Fosamax label change by Merck to warn about an increased risk of femur fractures is a question of fact for the jury — rather than for Judge Pisano — to decide….

Certainly the Third Circuit’s ruling on the Fosamax appeals is a positive development for the patients who suffered femur fractures after long-term Fosamax use and filed drug injury lawsuits against Merck.

However, it is just a first step in terms of the Fosamax – femur fracture litigation moving forward. Significantly, at the present time we do not know Merck’s plans regarding any further appeal to the United States Supreme Court.

Now we know, by means of an August 2017 legal filing, Merck wants the U.S. Supreme Court to reverse this appeals court decision reinstating those Fosamax – femur fracture cases.

We will watch to see whether Merck’s request for review of the earlier federal appeals court ruling is granted by the Supreme Court.

[View article at original source]

Filed Under: Unsafe Drugs Tagged With: Femur Fractures, Fosamax

Find What You Want Here

Get Free Case Evaluation

We encourage you to submit an online Case Evaluation Form – it is confidential and there is no obligation.

Or call our toll-free number, 800-426-9535, to speak directly to attorney Tom Lamb about your possible case.

Feel Free To Contact Us

Quick Contact Form
 
Send an Email to Tom Lamb

(800) 426-9535

Main Navigation Menu

  • About Our Firm
  • Asbestos-Mesothelioma Cases
  • Benzene Disease Claims
  • PFAS Firefighter Gear Lawsuits
  • Camp Lejeune Cases
  • GenX Water Cancer Cases
  • Drug Injury Lawsuits
  • Breast Implant Cancer Cases
  • Philips Breathing Devices Cases
  • Case Evaluation Menu
  • Quick Contact Form
  • Frequently Asked Questions
  • Medical Records Charges
  • Collection of Articles
  • Sitemap

Lamb Law Office Newsletter

Lamb Law Office Newsletter provides periodic updates about some of the cases that we are working on for clients, as well as an information resource you might find helpful.

Subscribe using Form below.

Subscription Form

* indicates required

Our Other Websites

Drug Injury Law
Drug Injury Watch
Drug Safety Developments
Asbestos & Mesothelioma

Contact Information

Law Offices of Thomas J. Lamb, P.A.
1908 Eastwood Road, Suite 225
Wilmington, North Carolina 28403
910-256-2971 | 800-426-9535
TJL@LambLawOffice.com

  • Home
  • Frequently Asked Questions
  • Disclaimer and Copyright Notices

Copyright © 2023 · Law Offices of Thomas J. Lamb, P.A.