Garcia v. Wyeth-Ayerst Laboratories

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

LAWSON, District Judge.

Before the Court are cross-motions for summary judgment by the parties in this drug products liability case, together with the magistrate judge’s Report and Recommendation and the parties’ objections to it. For reasons explained in detail below, the Court will reject the magistrate judge’s Report and Recommendation, grant the defendant’s motion for summary judgment, and dismiss the case.

I

Julia Garcia, the plaintiff, was thirty-nine years old in September…