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 accusing it of negligently misrepresenting the risks of its asthma product Singulair, ruling it cannot be held liable because it did not manufacture or sell the generic product used by the plaintiff.

In a Dec. 27 order, Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin found the plaintiffs failed to show Merck “manufactured, distributed, sold, or promoted the specific product alleged to have caused the claimant’s injury or harm,” as required by the state’s …