Wyeth V. Levine Won't Affect Liability Win For Perrigo

Law360, New York (November 30, 2009, 2:35 PM EST) -- The U.S. Supreme Court's Wyeth v. Levine decision is not relevant in the case of a mother who sued a maker of generic ibuprofen when her child developed liver failure, a federal judge has ruled in refusing to reconsider the dismissal of her drug label liability claims.

Judge James Ware's ruling, issued Tuesday in the U.S. District Court for the Northern District of California, followed his grant of summary judgment in June 2008 to defendant Perrigo Pharmaceuticals Co.

Judge Ware's June 2008 decision said Margarita Gaeta's...
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