GlaxoSmithKline (GSK) won summary judgment for the third time in the same case, in which plaintiffs alleged their son died because GSK's Purinethol and other medications caused him to develop cancer. Our firm represented GSK in the litigation.
In a case of twist and turns, GSK first obtained summary judgment based on warnings causation. After granting plaintiffs' motion for reconsideration, a Daubert motion and second summary judgment, the case moved to the U.S. Supreme Court. The justices denied review and remanded the litigation to district court, which then granted the plaintiffs a motion for reconsideration. A final round of briefing and successful argument resulted in the third summary judgment based on lack of duty.