Design Defect Claims Dismissed in Mass. Federal Singulair Action

BOSTON — A Massachusetts federal judge has dismissed design defect claims in an action alleging a link between Singulair (montelukast) and neuropsychiatric injuries, ruling they are preempted because defendants Merck and Organon could not make major changes to the drug’s design without FDA approval.

In a Jan. 4 order, Judge Nathaniel M. Gorton of the U.S. District Court for the District of Massachusetts dismissed the claims for both strict liability and negligent design defect.

Singulair was patented by Merck in 1996 and was approved by the FDA in 1998. Merck was the exclusive manufacturer, distributor and seller of Singulair from …