The Supreme Court is sending a dispute between drugmaker Merck and patients who used its bone-strengthening drug Fosamax back to a lower court.
The high court ruled Monday that a lawsuit involving hundreds of people who sued alleging they were injured by Fosamax should go back to a lower court for further proceedings.
The Fosamax users had argued that Merck had failed to provide adequate warnings on the drug’s label. A trial court initially threw out claims against the New Jersey-based company but an appeals court revived them.
Merck had argued that it couldn’t have added a warning risk of an unusual type of thigh-bone fracture earlier than 2010 because the FDA determined the available evidence didn’t support a change before then.