Gaeta v. Perrigo Pharmaceuticals Co.

OPINION

THOMPSON, Senior Circuit Judge:

Plaintiffs-appellants Margaret Gaeta, as guardian ad litem for A.G., a minor child, and Augustine Gaeta (collectively, “the Gaetas”) appeal the district court’s grant of summary judgment in favor of Perrigo Pharmaceutical Company. The district court determined that the Gaetas’ state law failure-to-warn claims against Perrigo, a manufacturer of a generic version of ibuprofen, were preempted under federal law. Subsequently, the Supreme Court decided Wyeth v. Levine, — U.S. -, 129 S.Ct. 1187, 173 L.Ed.2d 51 (2009), and determined that state law…