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GARCIA v. WYETH-AYERST LABORATORIES

No. 03-1712.

385 F.3d 961 (2004)

Julia GARCIA, Plaintiff-Appellant, v. WYETH-AYERST LABORATORIES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 7, 2004.

Attorney(s) appearing for the Case

John J. Schutza (argued), Richard B. Worsham (briefed), Worsham & Victor, Southfield, MI, for Appellant.

Shana J. Long (argued and briefed), Michael L. Koon (briefed), Shook, Hardy & Bacon, Kansas City, MO, Scott L. Gorland (briefed), Pepper Hamilton, Detroit, MI, for Appellee.

Before: KENNEDY, SUTTON, and COOK, Circuit Judges.

KENNEDY, Circuit Judge.

Plaintiff Julia Garcia appeals the district court order granting summary judgment to Defendant Wyeth-Ayerst Laboratories in this drug product liability case on the basis of a statutory immunity provided in Mich. Comp. Laws § 600.2946(5). Plaintiff argues that the district court erred in failing to declare the statute unconstitutional on the grounds that (1) it has been impliedly preempted by the federal Food, Drug and Cosmetic Act (FDCA...

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