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Attorney Writes Article on Whether Drug Company Failed to Warn with Label

Pamela Sakowicz Menaker Writes Article for ABA Litigation News on New Case Dealing with Failure-to-Warn Regarding Drugs and Their Labels As a Contributing Editor of the American Bar Association (ABA) Section of Litigation News.

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices, authored an article discussing a recent case in federal district court in New Jersey that concluded “the plaintiff failed to allege a failure-to-warn claim against a drug manufacturer [who] complied with Food and Drug Administration (FDA) requirements to change its warning label…” Several ABA members commented on this case that received quite a bit of national attention regarding liability of drug companies and their compliancy with FDA requirements. The particular case at issue dealt with a post-menopausal woman who had taken the drug Fosamax for her osteoporosis. When she suffered an atypical femur fracture, she filed a complaint that Merck Sharp & Dohme Corp. drug company, maker of Fosamax, violated New York’s failure-to-warn laws. It all came down to timing of the FDA label requirements, Merck’s actions, and the adequacy and clarity of the label itself. To read more about this interesting issue and how the court came to its conclusion, click here.