DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112082P.pdf 08/03/2012 Paul Schilf v. Eli Lilly & Company
U.S. Court of Appeals Case No: 11-2082
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Benton, Author, with Gruender and Shepherd, Circuit Judges]
Civil case - products liability. District court erred in granting defendant
summary judgment on plaintiffs' failure-to-warn claim as there are
genuine issues of material fact as to whether their son's physician knew
the suicide-related information an adequate warning would have
contained and whether an adequate warning would have changed the
physician's decision to prescribe Cymbalta to deal with the son's
depression. Judge Gruender, concurring in part and dissenting in part.