Singulair Design Defect Claims Not Automatically Preempted, Calif. Federal Judge Rules

SAN FRANCISCO — A California federal judge has ruled that design defect claims asserted against the makers of the asthma drug Singulair are not preempted based upon the facts before the court, because they failed to show it was impossible for them to implement a safer design prior to FDA approval.

In a Nov. 21 order, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California added that defendants may renew their preemption argument on a motion for summary judgment.

Defendants Merck & Co. Inc., Merck Sharp & Dohme Corp., Organon & Co., and Organon …