Vanderwerf v. Smithkline Beecham Corp.

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 of appeal, we are deprived of jurisdiction to review the merits of the action. As a result of the plaintiffs’ sua sponte…