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WASHINGTON — Several Supreme Court justices seemed to side with the drug industry in a case that examined a popular defense that companies use to ward off patient lawsuits.

They heard oral arguments Monday in a case that has high stakes for pharmaceutical companies, which often wriggle out of patient lawsuits by arguing that the Food and Drug Administration limits their ability to warn patients about the side effects of their medicines, therefore absolving them of responsibility to do anything other than exactly what the FDA mandates. Patients, on the other hand, want drug makers to be more explicit about the potential risks of their medicines and argue that state law supports them.


Some of the court’s justices, especially Justices Neil Gorsuch and Stephen Breyer, seemed to support the drug maker — in this case, Merck — in its defense that it had followed the FDA’s directives and therefore shouldn’t be vulnerable to a patient lawsuit.

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  • It was really clear in the Supreme Court Hearing, that Merck was using deceptive wording. The only reason they submistted the “Stress Fracture” wording was to confuse patients. Of course some of these “Upper Trochanter Fractures” cause death in certian patients. This case will prove that the criminals are winning. Americans need to be very scared.

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