March 22 (Reuters) - A federal appeals court on Wednesday revived hundreds of claims by plaintiffs who accused Merck & Co of failing to adequately warn about the risks of thigh bone fractures associated with its osteoporosis drug Fosamax.
The 3rd U.S. Circuit Court of Appeals in Philadelphia said a lower court judge erred in finding that the plaintiffs' state law-based claims were preempted by federal law.
It also said there was enough evidence for a reasonable jury to conclude that the U.S. Food and Drug Administration "would have approved a properly-worded warning about the risk of thigh fractures - or at the very least, to conclude that the odds of FDA rejection were less than highly probable." (Reporting by Jonathan Stempel; Editing by Chizu Nomiyama)