Design Defect Out In Generic Fosamax MDL, But Failure To Update Label Survives

Design Defect Out In Generic Fosamax MDL, But Failure To Update Label Survives

NEW YORK - The New York federal judge overseeing the Fosamax multidistrict litigation on Aug. 14 said that the plaintiffs' design defect claims involving generic versions of the drug are preempted, but not their claims that generic drug makers failed to update their warning labels to include new risks (In Re: Fosamax Products Liability Litigation, MDL Docket No. 1789, No. 1:06-md-1789, S.D. N.Y.).

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