Merck Sharp & Dohme Corp. v. Albrecht Archives

20 May 2019 |

SCOTUS Opinion: Court Clarifies “Clear Evidence” Standard For Failure-To-Warn Claims

Merck manufactured the drug Fosamax to combat osteoporosis in postmenopausal women. Merck’s scientists theorized that use of Fosamax might cause atypical femoral fractures, but the drug label approved by the Food and Drug Administration in 1995 did not include a warning for those fractures. After 1995, evidence of such fractures started to develop. In 2008, Merck applied to the FDA ... Read More

TAGGED: scotus, FDA, SCOTUS opinions, Clear Evidence, Failure-To-Warn, Food and Drug Administration, Merck Sharp & Dohme Corp. v. Albrecht