Law360 cited an amicus brief written by Philadelphia partner Alfy Putnam and associates Todd Hutchison and Carol Trevey in an article titled, “PhRMA Backs Merck In 3rd Circ. Over Nixed Fosamax Claims.”
The article discussed the brief filed on behalf of Pharmaceutical Research and Manufacturers of America’s (PhRMA). PhRMA filed the brief in support of the district court’s decision in multidistrict litigation over Merck’s osteoporosis drug Fosamax to dismiss claims based on an alleged failure to revise the warnings in Fosamax’s labeling.
The brief argued that the district court’s ruling should remain in place because Merck had proposed a stronger warning regarding the injury alleged, which was rejected by the FDA. Therefore, PhRMA argued that the district court correctly found the plaintiffs’ claims preempted under Wyeth v. Levine. The brief also addressed the validity of the procedures employed by the district court to resolve the claims of hundreds of plaintiffs following a bellwether trial of one plaintiff’s claims.