Merck Sharp & Dohme Corp. v. Albrecht

Argument:  January 7, 2018

Merck Sharp & Dohme Corp.:  A state-law failure-to-warn claim IS PREEMPTED when the Food and Drug Administration (FDA) rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data, or must such a case go to a jury for conjecture as to why the FDA rejected the proposed warning.

Albrecht:  A state-law failure-to-warn claim MUST GO TO A JURY for conjecture as to why the FDA rejected the proposed warning, when the Food and Drug Administration (FDA) rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data.

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