Merck Awarded Summary Judgment in Wis. Federal Singulair Action

GREEN BAY, Wis. — A Wisconsin federal judge has awarded Merck & Company Inc. summary judgment in a lawsuit targeting its asthma product Singulair, ruling the plaintiffs failed to show that the company had “newly acquired information” to support a label change via the FDA’s Changes Being Effected process.

In an Aug. 31 order, Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin found a 2011 article proffered by the plaintiffs did not “reveal risks of a different type or greater severity or frequency than previously included in submissions to” the FDA.

Stephanie Hammar’s …