VITATOE v. Mylan Pharmaceuticals, Inc.

ORDER GRANTING-IN-PART AND DEN YIN G-IN-P ART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [DKT. NO. 67]

IRENE M. KEELEY, District Judge.

I. PROCEDURAL BACKGROUND

Tara Vitatoe (‘Vitatoe”), the plaintiff in this civil action, lives in Louisiana with Jacobie, her African-American special needs son. On February 12, 2008, she sued the defendants, Mylan Pharmaceuticals, Inc., and Mylan, Inc. (“Mylan”), in the Circuit Court of Monongalia County, West Virginia, seeking damages for injuries she claims Jacobie suffered from ingesting Phenytoin, a phenytoin sodium-based product that is a generic anti-epileptic…