We Fight for the Rights of Personal Injury and Accident Victims
Our goal is to make sure you get the justice you deserve and are fully compensated for your harms and losses
Video: US Supreme Court Rejects Merck Appeal | What This Means for Patients & Drug Injury Lawsuits
June 24, 2025
Transcript
What If You Took a Dangerous Prescription Drug?
Merck’s Supreme Court Appeal Explained
What if you took a prescription medication and were injured, but that drug came with no warning, and the company who made the drug said that it wasn’t their fault because the FDA said nothing? That’s the argument Merck made all the way to the U.S. Supreme Court just last week. I’m attorney Tracy Paulsen, a Massachusetts personal injury and mass tort lawyer, and today I want to explain a huge victory for everyday people in the fight to hold drug companies accountable.
Let’s talk about the case. The case is called Merck, Sharp & Dohme v. Albrecht, and the Supreme Court decided just last week to deny cert to hear this case.
Why Patients Sued Over Fosamax
Here’s what happened: a group of patients sued Merck, the maker of an osteoporosis drug called Fosamax, because they suffered serious femoral fractures as a result of taking it. They claimed that Merck failed to warn them and their doctors about the risks.
Well, what was Merck’s defense? Merck said that they tried to add a warning but the Federal Drug Administration wouldn’t let them, so therefore, they should not be liable for failure to warn consumers.
Merck’s Defense: Blame the FDA?
But here’s the legal catch — and why this matters so much. In 2019, the Supreme Court ruled in Albrecht that drug companies bear the burden of proving that the FDA actually prohibited them from updating a warning label. It’s not enough to say that they thought the FDA would have rejected it. They need clear, convincing evidence that the FDA shut it down.
The 2019 Ruling That Changed Everything
Now fast forward — Merck tried again to challenge that ruling to weaken your right to sue drug companies. But just last week, on June 17th, the Supreme Court refused to hear their appeal, letting the lower court’s decision stand. This is a major win for public safety and consumer rights.
What This Means for Your Rights
Here’s what it means for you: you still have the right to sue when a drug company fails to warn about a known risk, even if the FDA didn’t act first. Drug companies can’t just hide behind the FDA to avoid responsibility.
Courts and juries can now continue to hold big pharma accountable based on facts — not just regulatory red tape. Think about it. If Merck had won, it would have set a very dangerous precedent, allowing drug companies to escape liability by claiming that they were waiting on the FDA.
Real-World Impact: Drugs Like Ozempic, Depo-Provera
But now, thanks to this decision by the U.S. Supreme Court, your rights remain intact. And as a personal injury attorney, this strengthens my ability — and attorneys across the country — to fight for people just like you who may have been hurt by unsafe drugs such as semaglutide drugs like Ozempic, Mounjaro, and Zepbound for vision loss and gastroparesis, and for birth control drugs like Depo-Provera, which are resulting in brain tumors in women — cases where manufacturers failed to warn their patients, consumers, and doctors about life-altering and life-threatening side effects.
You Still Have Power — Legal Options Explained
If you or someone you love has been injured by a pharmaceutical medication and you feel like no one warned you, I want you to know that you still have the power. You still have legal options, and Rightful Legal is here to help. We will help you understand your rights and your path forward toward justice.
Contact Info and Closing Remarks
If you have a question about personal injury, mass torts, or even a general legal issue, I’m more than happy to help. You can reach out to me directly on my cell phone at 617-821-5856.
Please follow Rightful Legal on social media to learn about your rights and how we can make the world a better place through law. Thank you so much.
