The Fosamax lawsuit suffered a long and slow death. Plaintiffs did not deserve this long and awful ride. But the litigation over a decade later appears to be dead.
The Fosamax class action lawsuit went all the way to the United States Supreme Court. The big issue before the court was whether the issue of federal preemption should be decided by a jury. The Supreme Court sent the case back to the trial court which ruled for Merck on summary judgment this week.