March 22, 2017 / 12:52 PM / 4 months ago

U.S. appeals court revives Fosamax warning claims against Merck

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March 22 (Reuters) - A federal appeals court on Wednesday revived hundreds of claims by plaintiffs who accused Merck & Co of failing to adequately warn about the risks of thigh bone fractures associated with its osteoporosis drug Fosamax.

The 3rd U.S. Circuit Court of Appeals in Philadelphia said a lower court judge erred in finding that the plaintiffs' state law-based claims were preempted by federal law.

It also said there was enough evidence for a reasonable jury to conclude that the U.S. Food and Drug Administration "would have approved a properly-worded warning about the risk of thigh fractures - or at the very least, to conclude that the odds of FDA rejection were less than highly probable." (Reporting by Jonathan Stempel; Editing by Chizu Nomiyama)

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