March 22 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)