Wis. Federal Judge Refuses to Toss Design Defect Claim in Singulair Case

MILWAUKEE, Wis. — A Wisconsin federal judge has denied Merck & Co. Inc.’s motion to dismiss a design defect claim in a Singulair asthma drug action, ruling that the plaintiffs adequately alleged the availability of reasonable, safer alternative designs.

In a May 7 order, Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin concluded that the “allegations are not so vague as to fail to provide notice” to Merck.

Stephanie Hammar’s minor son was prescribed Singulair to treat his asthma from December 2010 to August 2012. She alleges that the product’s active ingredient, montelukast, …