Lilly Claims Plaintiff's Failure to Serve Summons Warrants Dismissal of Wrongful Death Case

SPRINGFIELD, Mass. - Eli Lilly, the manufacturer of Prozac, moved to dismiss a man's wrongful death suit on the ground that he failed to serve a summons to the drug maker and, as a result, it did not receive the complaint until more than two months after the suit was filed in state court. Vincent Gillespie v. Eli Lilly & Co., No. 03-CV-30196 (D. Mass., Western Div.).

The drug company also moved for judgment on the pleadings of plaintiff Vincent Gillespie's complaint, arguing that he failed to state a claim upon which relief could be granted.

On April 25, Gillespie …