The U.S. Supreme Court has agreed to review a case that has significant implications for consumers and drug makers concerning lawsuits that are filed over product warnings.
The case involves hundreds of lawsuits that were filed by women who claim they suffered bone fractures after taking Fosamax, a Merck (MRK) drug used to combat osteoporosis. Last year, a federal appeals court overturned a lower court and decided the lawsuits should proceed, and last month, the U.S. Solicitor General urged the Supreme Court to review the matter.
The appeals court decided federal law did not preempt state laws allowing consumers to sue a drug maker for failing to warn about the risk of a medicine. Merck, however, asked the Supreme Court to examine preemption, which is the notion that federal law takes precedence when federal and state laws conflict. And the Solicitor General maintained the appeals court reached the wrong conclusion.
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