Design Defect Claims Dismissed in Nev. Federal Ambien CR Suicide Action

LAS VEGAS — A Nevada federal judge has dismissed strict liability and negligence claims in an Ambien CR suicide action to the extent they allege defective design, noting the plaintiff does not seek to modify the drug or stop it from being sold altogether.

In a March 30 order, Judge Gloria M. Navarro of the U.S. District Court for the District of Nevada rejected the plaintiff’s argument that Sanofi-Aventis U.S. LLC’s “lack of warnings” are a defect.

On March 8, 2010, Andrew Kwasniewski, 56, took Ambien for sleeplessness. He committed suicide that same night.

Kwasnieski’s wife Jennifer sued Sanofi-Aventis in …