Paul Schilf v. Eli Lilly & Company

BENTON, Circuit Judge.

Paul R. and Cynthia J. Schilf sued Eli Lilly & Company and Quintiles Transna*948tional Corporation (“Lilly”). They alleged Lilly’s failure to warn and deceit caused the death of their son, Peter Raymond Schilf. Lilly moved for summary judgment, which the district court granted. Jurisdiction being proper under 28 U.S.C. § 1291, this court reverses and remands.

I

This court states the facts most favorably to the Schilfs.

On November 26, 2004, Cynthia Schilf accompanied her sixteen-year-old son Peter to an appointment to discuss his depression with their family practitioner Dr.…