Supreme Court To Clarify Whether Manufacturers Are Shielded From Failure-To-Warn Suits When FDA Rejects Label Warnings
Merck v. Albrecht will resolve interpretation of high court's landmark Wyeth v. Levine ruling and could shield companies from certain litigation; case involves adequacy of Fosamax labeling of bone fracture risk.
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Product Liability Returning To Supreme Court With Government, Former FDA Officials On Opposite Sides
US government supports Merck, saying FDA labeling decision preempts Fosamax failure-to-warn claim. Joshua Sharfstein and two other former FDAers argue Merck sought warning on a lesser injury.
In upcoming health-care cases likely to come before the high court in the next couple of years, a more conservative Supreme Court – thanks to the confirmation of Brett Kavanaugh – could issue rulings that would overturn portions of the Affordable Care Act concerning preexisting conditions. The new court could also have an impact of issues of federal preemption and court deference, or lack thereof, to federal agency interpretation of statute.
For second time, judge finds problem with jury verdict against AbbVie; Bayer withdraws its appeal of Xarelto pre-trial rulings pending outcome of Supreme Court case.