Has Albrecht Been Undone?

Litigation attorney Eric Alexander authored a Drug & Device Law blog discussing the legal implications of the Supreme Court decision in Merck Sharp & Dohme Corp. v. Albrecht, particularly in relation to preemption as a defense to failure-to-warn claims for branded prescription drugs. Mr. Alexander underscores the broad impact of the Albrecht decision on the Fosamax multidistrict litigation (MDL), where the initial ruling against certain claims was reversed by the Supreme Court, leading to ongoing legal debate and reinterpretation, particularly with the Third Circuit's Fosamax II decision. The article explores different legal interpretations of preemption, including the U.S. Food and Drug Administration's (FDA) role and the evidence needed for conflict preemption.

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