VANDERWERF v. SMITHKLINE BEECHAM CORP.

No. 08-3218.

603 F.3d 842 (2010)

Debra VANDERWERF, individually and as next friend for Riley Vanderwerf and Tanner Vanderwerf, minors; Estate of William K. Vanderwerf, Plaintiffs-Appellants, v. SMITHKLINE BEECHAM CORPORATION, d/b/a Glaxosmithkline, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 27, 2010.


Attorney(s) appearing for the Case

Brian J. Madden (with Timothy L. Sifers and Derek H. Potts, The Potts Law Firm, Kansas City, MO, on the briefs), Wagstaff & Cartmell LLP, Kansas City, MO, for Plaintiffs-Appellants.

Andrew Bayman (with Chilton Davis Varner, Stephen B. Devereaux, Todd P. Davis, and Jennifer C. Kane, King & Spalding, Atlanta, GA, and Thomas N. Sterchi, and Elizabeth Raines, Baker Sterchi Cowden & Rice L.L.C., Kansas City, MO, on the briefs), King & Spalding, Atlanta, GA, for Defendant-Appellee.

Before HENRY, Chief Judge, BRISCOE and LUCERO, Circuit Judges.


HENRY, Chief Judge.

The plaintiffs, the Vanderwerf family and the estate of William K. Vanderwerf, appeal the district court's grant of summary judgment to SmithKline Beecham Corporation ("SKB"), the pharmaceutical company who manufactured paroxetine, under the label Paxil, a medication prescribed to the decedent, who later committed suicide. We are unable, however, to overlook the ill-timed filing of the Vanderwerfs' notice of appeal, because without a timely notice...

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