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

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Benjamin C. Zipursky was quoted in Bloomberg BNA about federal drug labeling laws.

Two tort professors supporting the plaintiffs said Merck’s “understated and muddled warning” isn’t clear evidence the FDA would have rejected a warning from atypical femoral fractures.

Professor John C. P. Goldberg at Harvard Law School and Fordham Law School Professor Benjamin C. Zipursky also urge the court to take a “restrained approach to implied preemption,” and said defense attorneys’ concerns about the Third Circuit’s giving too much power to the jury are overblown.

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