A Rock and a Hard Place – The Third Circuit’s Recent Fosamax Preemption Decision

Last month, the Third Circuit issued another appellate opinion in the long-gestating In re Fosamax litigation (3d Cir Sept. 20, 2024, – F. 4th, 2024 WL 4247311). The litigation, now well into its second decade, involves claims that use of the bisphosphonate drug Fosamax caused atypical femoral fractures (AFF). In 2013, a District Court of New Jersey court found that FDA’s Complete Response Letter (CRL) in 2009 rejecting a proposed label change to warn of the risk of “stress fractures” preempted…
By: Nelson Mullins Riley & Scarborough LLP