ALBANY, Ga. (WALB) - Merck is asking a Georgia court to dismiss a lawsuit tied to the former Albany pharmaceutical plant.

The original complaint, filed Oct. 7, 2025, by Beasley Allen Law Firm on behalf of the estate of Saville Sullivan names Merck, Sharp, & Dohme, LLC and Merck & Co, Inc.

WALB Investigates Team received the motion filed Oct. 29, 2025.

READ MORE: Merck pharmaceutical company challenges complaint alleging the Flint River Plant caused brain cancer of two Albany sisters

Merck’s attorneys say Merck & Co. Inc., is only a parent holding company that did not own or operate the Flint River plant in Albany and is not based in Georgia — arguments they say remove the court’s authority to hear claims against that entity.

The motion also argues that the core injury claim is time‑barred.

“The decedent’s cancer was diagnosed in 2016 and any personal‑injury claims expired under Georgia’s two‑year statute of limitations, so the estate and beneficiaries cannot revive time‑barred claims.”

The motion also states that the complaint fails to plausibly allege causation.

“Plaintiffs’ theory of liability rests on a dramatic and factually unsupported causal leap: (1) An HR employee, (2) through “frequent visits” to unspecified “areas throughout the Plant,” (3) was “constantly exposed” to a “toxic soup” of chemicals, (4) in a sufficient dose to affect her unborn child, (5) which then lay dormant for two decades before (6) manifesting as pediatric brain cancer in her child.”

“This chain of causation is not merely improbable; as pleaded, it is legally implausible.”

In response to the seven counts alleged in the original complaint the motion cites case law and asks the court to dismiss Count II (premises liability), Count III (gross negligence/wantonness) and Count VII (punitive damages) as to Merck and company incorporated.

In Nov. 2025, the parties filed an unopposed motion to stay discovery — pausing the exchange of evidence while the court considers legal issues.

On Dec. 16, 2025, Merck’s attorney’s asked the court to schedule a hearing.

The court will decide whether this case can proceed against Merck in Georgia or whether the company’s jurisdiction and statute‑of‑limitations arguments will end the suit before trial. Now a reminder, a dismissal here wouldn’t necessarily end claims against other companies named in the case.

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