Mass. Federal Judge Refuses to Dismiss Singulair Case for Lack of Jurisdiction

BOSTON — A Massachusetts federal judge has refused to dismiss a Singulair case for lack of personal jurisdiction, ruling defendants Merck and Organon availed themselves of the privilege of conducting business in the state via their manufacturing, marketing and selling activities.

However, in a Jan. 4 opinion, Judge Judge Nathaniel M. Gorton of the U.S. District Court for the District of Massachusetts dismissed the claims for design defect, ruling they are preempted because defendants could not make major changes to the drug’s design without FDA approval.

Massachusetts resident Angela Barnes alleges she was prescribed and took branded and/or generic Singulair …