WASHINGTON (AP) — The Supreme Court seems likely to side with drugmaker Merck in a dispute over the warning label on its bone-strengthening drug Fosamax.
During arguments Monday in a lawsuit against the New Jersey-based company, only two justices seemed inclined to rule against Merck. A trial court initially threw out claims against Merck. An appeals court revived them.
The case before the Supreme Court involves hundreds of people who sued Merck, alleging they were injured by Fosamax. They say they suffered Fosamax-related thigh-bone fractures and that Merck failed to provide adequate warnings on the drug’s label.
Merck says the Food and Drug Administration rejected its warning attempt because the FDA believed available data didn’t initially support one.
Fosamax is prescribed to prevent and treat osteoporosis in women who have gone through menopause.
