An appellate court has reinstated a failure-to-warn suit against Eli Lilly & Co. brought by the parents and estate of a 16-year-old South Dakota boy who committed suicide after taking the antidepressant drug Cymbalta.
On Aug. 3, a divided panel of the U.S. Court of Appeals for the Eighth Circuit reversed a decision by a district court in South Dakota granting summary judgment to the pharmaceutical giant. Shook, Hardy & Bacon represented Eli Lilly, while Perdue Kidd & Vickery and Jim Leach represented Paul and Cynthia Schilf, whose son, Peter, killed himself on Christmas Eve of 2004, and Peter Schilf’s estate.
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