HIGH COURT SAYS JUDGE TO DECIDE ON DRUG CASE STATUS

WASHINGTON» The Supreme Court said Monday that a judge must decide whether a dispute between drugmaker Merck and patients who alleged they were injured by its drug Fosamax can go forward.

The case is at an early stage. All nine justices agreed that the question of whether it can move forward should be decided by a judge, notajury.

Users of Fosamax, which is prescribed to treat osteoporosis in women who have gone through menopause, had sued arguing that Merck had failed to provide adequate warnings of a specific risk of bone fracture. A trial court initially threw out claims against the New Jersey-based company but an appeals court revived them.

The Supreme Court explained that if a judge finds clear evidence Merck told federal regulators about the reasons for a warning and that warning was rejected by regulators, the case should be dismissed. — The Associated Press