The 3rd U.S. Circuit Court of Appeals ruled that federal law does not preempt state law claims, allowing alleged victims to resume pursuit of their claims.
Fosamax, now owned by Organon, has faced ongoing litigation since 2008, although Merck argued the FDA initially rejected warnings about fractures in 2009, not adding the label until 2011. The litigation involves more than 3,000 pending cases nationwide, centralized in New Jersey, Reuters reported Sept. 20.
The lawsuits have been dismissed and revived twice, with federal courts revisiting the case over preemption, the report said.
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