In re: Fosamax (Alendronate Sodium) Products Liabi

  1. September 20, 2024

    3rd Circ. Rejects 'Close' Case For Preemption In Fosamax MDL

    A U.S. Food and Drug Administration letter denying changes to the label of Merck's osteoporosis drug Fosamax does not count as a final agency action triggering federal preemption of state law "failure to warn" claims, the Third Circuit ruled Friday in a precedential decision.

  2. March 05, 2024

    FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told

    Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.

  3. March 01, 2024

    3rd Circ. Preview: Exxon Whistleblower Case Fuels March

    Headlining the list of Third Circuit arguments in March is a bid from a pair of ExxonMobil whistleblowers to have the courts recognize an Occupational Safety and Health Administration order reinstating their jobs after they were fired following a press report mirroring internal complaints they made about the company's alleged misjudgment of energy output in the Delaware River Basin. 

  4. May 30, 2023

    Former FDA Officials Say Fosamax Claims Aren't Barred

    Former U.S. Food and Drug Administration officials told the Third Circuit if it rules that patients' claims that Merck failed to warn that its osteoporosis drug Fosamax caused certain fractures are preempted, drug companies would be encouraged to hold back safety data.

  5. May 24, 2023

    3rd Circ. Urged To Revive Fosamax MDL

    Fosamax patients have told the Third Circuit a lower court's decision to toss multidistrict litigation alleging Merck failed to warn of the osteoporosis drug's atypical femoral fracture risk is "riddled with errors" and ignores years of science about the types of fractures at issue.