Merck Sharp & Dohme Corp. v. Albrecht
U.S. Supreme Court · decided May 20, 2019 · Supreme Court Database (Spaeth)
- Decided
- May 20, 2019
- Term
- October Term 2018
- Vote
- 9–0
- Majority author
- Justice Breyer
- Issue area
- Federalism
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus MERCK SHARP & DOHME CORP. v. ALBRECHT ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 17–290. Argued January 7, 2019—Decided May 20, 2019 Petitioner Merck Sharp & Dohme Corp. manufactures Fosamax, a drug that treats and prevents osteoporosis in postmenopausal women. However, the mechanism through which Fosamax treats and pre- vents osteoporosis may increase the risk that patients will suffer “atypical femoral fractures,” that is, a rare type of complete, low- energy fracture that affects the thigh bone. When the Food and Drug Administration first approved of the manufacture and sale of Fosa- max in 1995, the Fosamax label did not warn of the then-speculative risk of atypical femoral fractures associated with the drug. But stronger evidence connecting Fosamax to atypical femoral fractures developed after 1995. And the FDA ultimately ordered Merck to add a warning about atypical femoral fractures…
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