Pharma goes to the Supreme Court

How far do drug companies have to go when it comes to warning patients of dangerous side effects? That’s the essence of a lawsuit involving Merck and its blockbuster osteoporosis drug, and the case is now headed for the Supreme Court.

As STAT’s Ike Swetlitz explains, the issue stems from Fosamax, a drug that can make some patients more likely to break bones. Patients argue that Merck failed to adequately warn of those dangers. Merck says that it tried to update Fosamax’s label but was thwarted by the FDA, which tightly controls what drug companies can and cannot claim.

Whether the court accepts Merck’s defense will have sweeping implications for the industry, and “just about every attorney on both the plaintiff side and the defense side involved in pharmaceutical litigation is watching this case,” said Stephen Klein, an attorney at Hollingsworth LLP.

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