The U.S. Supreme Court on Monday gave Merck & Co a new opportunity to avoid laws...
WASHINGTON - The U.S. Supreme Court on Monday gave Merck & Co a new opportunity to avoid lawsuits accusing the company of failing to properly warn patients of debilitating thigh-bone fractures from taking its osteoporosis drug Fosamax, throwing out a lower court decision that had revived the litigation.
Monday’s ruling added clarity to a powerful defense employed by drug makers that product liability claims brought under state law are preempted by the actions of a federal agency, because federal law generally trumps state law under the U.S. Constitution. Merck argued that it cannot be penalized for failing to issue a warning that the FDA had blocked.
In a decision written by Justice Stephen Breyer, the Supreme Court said a drug manufacturer must show it “fully informed” the FDA of the need for a warning before it was rebuffed and that judges, not juries, must decide whether such lawsuits are preempted, as Merck has claimed. Lower courts now must revisit the case reflecting the Supreme Court’s guidance.Fosamax helps prevent and treat osteoporosis, a condition that can lead to bone fractures, in women who have gone through menopause.
इंडिया ताज़ा खबर, इंडिया मुख्य बातें
Similar News:आप इससे मिलती-जुलती खबरें भी पढ़ सकते हैं जिन्हें हमने अन्य समाचार स्रोतों से एकत्र किया है।
U.S. Supreme Court tosses ruling against Merck on Fosamax osteoporosis drugSupreme Court rules for Merck on claims it failed to warn about fracture risk from osteoporosis drug Fosamax
और पढो »
Supreme Court blocks bid to sue Merck over Fosamax bone fracturesSupreme Court unanimously blocks, for now, a class-action lawsuit against pharmaceutical giant Merck over 'atypical femoral fractures' caused by osteoporosis drug Fosamax.
और पढो »
Apple's surprise defeat in the Supreme Court is bad news for Tim Cook's turnaround planApple says services are its future. But a Supreme Court ruling Monday could ultimately harm the biggest part of its services business — its App Store.
और पढो »
California wins in Supreme Court after 28-year fight with inventorThe Supreme Court ended a 28-year-old tax battle between California and a wealthy inventor who moved to Nevada by broadly shielding states from private lawsuits filed in other states.
और पढो »
Supreme Court clears way for iPhone users to sue Apple over App Store pricesA divided Supreme Court on Monday cleared the way for iPhone owners to sue Apple for alleged 'higher-than-competitive prices' for apps sold in App Store. 'A claim that a monopolistic retailer (here, Apple) has used its monopoly to overcharge consumers is a classic antitrust claim,'
और पढो »
In setback for Apple, U.S. Supreme Court lets App Store antitrust suit proceedA divided U.S. Supreme Court on Monday gave the go-ahead to an antitrust lawsuit...
और पढो »
Supreme Court deals Apple major setback in App Store antitrust caseThe Supreme Court is allowing iPhone users to move forward with their lawsuit against Apple. The suit argues Apple's 30% commission on sales through the App Store is an unfair use of monopoly power.
और पढो »
With abortion cases looming, Breyer warns Supreme Court may overturn major precedentNBC’s Pete Williams joins MTP Daily to discuss Supreme Court Justice Breyer appearing to issue a warning to his colleagues about Roe v. Wade, as several states move to enact abortion restricting legislation.
और पढो »
Supreme Court Shows It's Ready To Overrule Precedent, Dissent Sounds Alarm In California V. HyattThe U.S. Supreme Court shows it’s ready to overrule precedent in Franchise Tax Board of California v. Hyatt. Will Roe v. Wade be next?
और पढो »
Justice Breyer's warning and other things we learned at the Supreme Court MondayCNN News, delivered. Select from our newsletters below and enter your email to subscribe.
और पढो »