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MEADE v. PARSLEY

Civil Action No. 2:09-cv-00388.

SHIRLEAN MEADE and ELMER MEADE, Plaintiffs, v. DEIDRE E. PARSLEY, D.O.; WYETH, INC., doing business as Wyeth; SCHWARZ PHARMA, INC.; PLIVA, INC.; and JOHN DOE DEFENDANTS #1-6 Defendants.

United States District Court, S.D. West Virginia, Charleston.

November 24, 2010.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER Jr., District Judge.

Pending is defendant PLIVA, Inc.'s ("PLIVA") motion to dismiss based on federal preemption and its motion for summary judgment, both filed September 10, 2010.

I. Factual Background

This action arises out of PLIVA's alleged failure to warn plaintiff Shirlean Meade ("Mrs. Meade") of the potential adverse side-effects of the drug metoclopramide. PLIVA...

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