Articles Posted in Mass Torts

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The Fosamax lawsuit suffered a long and slow death.  The plaintiffs did not deserve this long and awful ride.  But the litigation over a decade later appears to be (nearly) dead. This post was first written in 2013 and has been updated in 2023 and 2024.

March 2024 Foxamax Lawsuit Update

Lawyers for patients involved in litigation against Merck regarding its osteoporosis drug Fosamax, which is alleged to increase the risk of painful bone fractures, argued before a Third Circuit panel on Tuesday that a letter from the FDA rejecting changes to the drug’s label does not constitute a final agency action triggering federal preemption of state law failure-to-warn claims.