Merck, U.S. to Tell Justices FDA Action Bars Fosamax Suits

Merck will have a heavyweight in its corner when it tells the U.S. Supreme Court next week that federal drug labeling law bars hundreds of suits by women who say it didn’t warn soon enough that an osteoporosis drug could cause thighbone fractures.

U.S. Solicitor General Noel Francisco is siding with the drug company and together they will tell the justices Jan. 7 that the Food and Drug Administration prevented Merck from changing its Fosamax label to include a warning about atypical femoral fractures.

Atypical femoral fractures are breaks that happen without impact.

The FDA’s rejection of Merck’s proposed label ...