3:05 PM
May 21, 2019
 |  BC Extra  |  Politics & Policy

SCOTUS decision a boon to biopharmas in failure-to-warn cases

A U.S. Supreme Court decision that remands Merck v. Albrecht back to the Court of Appeals for the Third Circuit for a judge to make a final ruling will help drug companies avoid unpredictable jury decisions in failure-to-warn suits.

The case centers around the question of whether FDA’s denial of a proposal from Merck & Co. Inc. (NYSE:MRK) to add a warning about the risk of stress fractures to the label of osteoporosis drug Fosamax alendronate precluded the company from warning the public about a different risk, atypical femoral fractures. Merck had claimed federal preemption to avoid liability in state court for failing...

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