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Jose Garcia

(2,552 posts)
Mon May 20, 2019, 12:23 PM May 2019

Supreme Court tosses out ruling allowing lawsuits against drug manufacturer

Source: The Hill

The Supreme Court on Monday ordered a lower court to reconsider whether hundreds of lawsuits against a pharmaceutical company can move forward.

The justices unanimously ruled that the 3rd Circuit Court of Appeals should revisit its prior ruling allowing for the legal challenges against the drug manufacturer Merck & Co. Hundreds of individuals had filed suit against the company over the osteoporosis drug Fosamax, alleging that the firm failed to comply with state law by not quickly including a warning on the drug label that it could cause thigh-bone fractures.

The company had argued that the lawsuits were preempted by Food and Drug Administration (FDA) regulations on changing drug labels, claiming that the FDA would not have approved the change.

Merck pointed to the FDA rejecting their attempt in 2008 to add a warning about potential stress fractures as reason to believe they would also not approve a warning about the thigh-bone fractures.

Read more: https://thehill.com/regulation/444556-supreme-court-tosses-out-ruling-allowing-lawsuits-against-drug-manufacturer?amp&__twitter_impression=true

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Supreme Court tosses out ruling allowing lawsuits against drug manufacturer (Original Post) Jose Garcia May 2019 OP
Ugly decision by pro-corporate judges. ananda May 2019 #1
Ruth Bader Ginsburg is a "pro-corporate judge?" Jose Garcia May 2019 #2
"The justices unanimously ruled" DavidDvorkin May 2019 #3
The vote was rigged!!?!! MattInMN May 2019 #4
So Merck was saved by the FDA? YOHABLO May 2019 #5
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