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STUPAK v. HOFFMAN-LA ROCHE, INC.

No. 03-C-421.

287 F.Supp.2d 968 (2003)

Laurie A. STUPAK, Plaintiff, v. HOFFMAN-LA ROCHE, INC., ABC Insurance Company, Roche Laboratories, Inc., Def Insurance Company, Michael J. Smullen, M.D., Ghi Insurance Company, Wisconsin Patients Compensation Fund, Defendants.

United States District Court, E.D. Wisconsin.

October 9, 2003.

Attorney(s) appearing for the Case

Frank A. Stupak, Jr., Stupak & Bergman, Escanaba, MI, for Plaintiff.

Allen A. Arntsen, Foley & Lardner, Naikang Tsao, Foley & Lardner, Madison, WI, for Defendants.

DECISION AND ORDER

GRIESBACH, District Judge.

This is a wrongful death action in which the plaintiff claims that a drug prescribed for her son by his doctor caused him to kill himself. The case is presently before me on the motion of the company that developed and manufactures the drug to dismiss for failure to state a claim on which relief can be granted. For the reasons that follow, the motion will be denied.

I. BACKGROUND

On May 14,...

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