Mensing Doesn't Nix Generic-Fosamax Claims, 3rd Circ. Told

By Emily Atkin ( September 24, 2013, 2:38 PM EDT) -- A federal judge wrongfully used the U.S. Supreme Court's Pliva Inc. v. Mensing ruling to preempt design defect claims against generic-drug makers in multidistrict litigation over the safety of Merck & Co.'s bone drug Fosamax, according to a briefing filed Monday with the Third Circuit....

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