Plaintiff Can Sue Over Failure to Explain Risks of Zyprexa-Prozac Combo

CORPUS CHRISTI, Texas - A doctor who allegedly provided his patient with samples of the anti-depressant Symbyax without telling her what drug he was prescribing may be held liable for the patient's suicide, a federal judge has ruled in remanding the case to state court. Moote v. Eli Lilly & Co., et al., No. 06-472 (S.D. Texas).

Judge Hayden Head of the U.S. District Court for the Southern District of Texas ruled Dec. 21 that the viability of plaintiff Kennard Moote's malpractice claims against his wife's physician create diversity among the parties, therefore, stripping the federal court of jurisdiction over …