In Big Win For Merck, Supreme Court Tosses Ruling That Would Have Revived Hundreds Of Lawsuits Against Drugmaker
The justices want a federal appeals court to reconsider its 2018 ruling that allowed the lawsuits to proceed. The ruling centers around accusations that Merck didn't properly warn patients about thigh-bone fractures linked to one of its popular drugs. In other news from the Supreme Court, the justices decline to hear a military medical malpractice suit.
Stat:
Supreme Court Gives Merck A Break, Orders Fosamax Suits Review
In a boost for Merck (MRK), the U.S. Supreme Court tossed a lower-court ruling that had revived more than 500 lawsuits accusing the drug maker of failing to properly warn patients about thigh-bone fractures traced to its widely used Fosamax treatment for osteoporosis. The justices want a federal appeals court to reconsider its 2018 ruling that allowed the lawsuits to proceed. Merck has argued that it tried to update warnings on the product labeling, but that the Food and Drug Administration rejected its efforts over disagreements with proposed wording about fracture risks. Last summer, the U.S. Solicitor General had urged the Supreme Court to review the case. (Silverman, 5/20)
Kaiser Health News:
Supreme Court Declines To Hear Military Medical Malpractice Case
The family of a young Navy nurse who died after military doctors allegedly failed to halt massive bleeding following childbirth won’t get a hearing in the nation’s highest court. The Supreme Court on Monday denied a petition that sought to change what’s known as the Feres doctrine, a long-standing rule that bars active-duty military members from suing the federal government for injuries, including medical malpractice. (Aleccia, 5/20)
And in news from lower courts —
Stat:
Generic Drug Price-Fixing Suit Is Akin To Earlier Case, But ‘On Steroids,’ Conn. Prosecutor Says
Earlier this month, 44 states filed a sweeping lawsuit that accused 20 generic drug makers, including large players such as Teva Pharmaceutical, and 15 current and former executives of a widespread price-fixing conspiracy. This was the second such lawsuit over the past three years that alleged schemes in which one company would decide to raise prices on a particular medicine and others would follow suit. ...We spoke with Joseph Nielsen, an assistant attorney general in Connecticut, which has taken the lead on these cases, about some of the details and what to expect next. (Silverman, 5/20)
Stat:
Judge Rules Parents Of Deceased Cadet Can Take Control Of His Sperm
The parents of a West Point cadet who died after a skiing accident earlier this year can take control of his sperm and, if they wish, use it to pursue a pregnancy using an egg donor and surrogate, a New York judge has ruled. The judge, state Supreme Court Justice John Colangelo, in March ordered that a hospital retrieve the sperm from 21-year-old Peter Zhu before he was taken off life support, following a request from his parents. Colangelo said his decision then was based on recovering the sperm while it was still viable, but that he needed more time to address how it could ultimately be used. (Joseph, 5/20)
