High Court to Review 3rd Cir. Fosamax Preemption Ruling

WASHINGTON, D.C. — The U.S. Supreme Court has agreed to review a federal appeals court’s reinstatement of failure-to-warn claims in the Fosamax MDL, in which it held that a jury must decide whether the FDA would have rejected a label change to warn about an increased risk of femur fractures.

The high court granted Merck’s petition for certiorari on June 28. In that petition, Merck seeks to challenge the 3rd Circuit U.S. Court of Appeals’ determination that the preemption issue is factual and cannot be resolved on a motion for summary judgment.

The appellate court held that under the “clear …