Judge: Plaintiffs Asserted Viable Claims for Doctor's Off-Label Prescription

SAN FRANCISCO - A California doctor who prescribed two atypical antipsychotic drugs for off-label use in a minor patient may be held liable in state court for professional negligence that plaintiffs say played a role in the patient's eventual death from acute pancreatitis, a judge has held. Schultz v. AstraZeneca Pharmaceuticals, et al., No. 06-6681 (N.D. Calif.).

Judge Claudia Wilken of the U.S. District Court for the Northern District of California ruled Dec. 22 that the physician's alleged failure to monitor plaintiff Loren Shultz after prescribing Seroquel and Risperdal to treat his Tourette's Syndrome and obsessive compulsive disorder is sufficient …