No Failure-to-Warn When Drug Label is FDA Compliant
Litigation News October 21, 2014 By Pamela Sakowicz Menaker, Litigation News Contributing Editor A district court dismissed a product liability lawsuit against a drug manufacturer, concluding that the plaintiff failed to adequately allege a failure-to-warn claim against the company for its drug. In re Fosamax Products Liability Litigation (Gaynor v. Merck Sharp & Dohme Corp.). The district court held that because the drug manufacturer complied with FDA requirements to change its warning label, the plaintiff’s…