WENDELL v. GLAXOSMITHKLINE LLC

No. 14-16321.

858 F.3d 1227 (2017)

Stephen WENDELL; Lisa Wendell, for themselves and as successors-in-interest to Maxx Wendell, deceased, Plaintiffs-Appellants, v. GLAXOSMITHKLINE LLC; Teva Pharmaceuticals USA, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2017.


Attorney(s) appearing for the Case

Michael J. Quirk (argued), Williams Cuker Berezofsky LLC, Philadelphia, Pennsylvania; Kevin Haverty , Williams Cuker Berezofsky LLC, Cherry Hill, New Jersey; for Plaintiffs-Appellants.

Alan J. Lazarus (argued) and William A. Hanssen , Drinker Biddle & Reath LLP, San Francisco, California, for Defendant-Appellee GlaxoSmithKline, LLC.

Jeffrey F. Peck (argued) and Prentiss W. Hallenback, Jr. , Ulmer & Berne LLP, Cincinnati, Ohio, for Defendant-Appellee Teva Pharmaceuticals USA, Inc.

Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William K. Sessions III, District Judge.


OPINION

Maxx Wendell1 tragically died at the age of 21 of Hepatosplenic T-cell lymphoma (HSTCL), an exceedingly rare and aggressive form of cancer. For many years before his development of HSTCL, Maxx was treated with a combination of drugs...

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