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MILLER v. PFIZER INC. (ROERIG DIVISION)

Civil Action No. 99-2326-KHV.

196 F.Supp.2d 1095 (2002)

Mark MILLER and Cheryl Miller, Individually and Mark Miller as Administrator of the Estate of Matthew Miller, Deceased, Plaintiffs, v. PFIZER INC (ROERIG DIVISION), Defendant.

United States District Court, D. Kansas.

February 11, 2002.

Attorney(s) appearing for the Case

Ruth M. Benien, Benien Law Offices, Chtd., Kansas City, KS, Richard W. Ewing, Paul F. Waldner, Vickery & Waldner, Houston, TX, Arnold Anderson Vickery, Arnold Anderson Vickery, P.C., Houston, TX, for plaintiffs.

Patrick Lysaught, Baker, Sterchi, Cowden & Rice, L.L.C., Kansas City, MO, Robert J.E. Edwards, Polsinelli, Shalton & Welte, P.C., Kansas City, MO, James E. Hooper, Malcolm E. Wheeler, Amy L. Padden, Michael L. O'Donnell, Craig R. May, Wheeler Trigg & Kennedy, P.C., Denver, CO, for defendant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

Mark and Cheryl Miller claim that their 13-year-old son Matthew committed suicide because he took Zoloft—a prescription drug which Pfizer Inc. manufactured for treatment of depression. See Amended Complaint (Doc. # 92) filed December 16, 1999. The Millers seek to hold Pfizer liable for Matthew's wrongful death. Count I of their complaint alleges that Pfizer is strictly liable for marketing defects and misrepresentations...

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