Fwd: PsychRights Lawsuit To Curb Child Drugging

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ALLIANCE FOR HUMAN RESEARCH PROTECTION Promoting Openness, Full Disclosure, and Accountability http://www.ahrp.org and http://ahrp.blogspot.com FYIA lawsuit filed against the state of Alaska by PsychRights, is the firstsuit directed specifically at curbing the misuse of mind-altering dangerousdrugs on children. The suit seeks to stop the flow of taxpayer funds (Medicaid)  for drugs thatare not proven effective but that are documented to cause children seriousharm. See: http://www.criticalthinkrx.org/testmodules.aspThe government financed cash cow is the driving force behind theunprecedented use of highly toxic drugs--singly and in totally untested drugcombinations--for children who are precluded from refusing.  The numbers of children being "diagnosed" with serious mental illness andforced to take toxic psychotropic drugs is astounding: In Texas 60% of children in foster care are being drugged; in Massachusetts66%, in Florida 50%. Can anyone document that all these children have a "mental illness?"   Lawsuits, it seems, are the only means for obtaining documentation aboutthe hard facts.Below, Attorney Jim Gottstein, explains the purpose of the suit in question/ answer format.  PsychRights needs support for this, potentially ground-breaking lawsuit. ~~~~~~~~~~~~~PsychRightsLaw Project forPsychiatric Rights, Inc.406 G Street, Suite 206, Anchorage, Alaska 99501 ~ (907) 274-7686 Phone ~(907) 274-9493 FaxLaw Project for Psychiatric Rights v. State of Alaska(3AN 08-10115 CI)Questions and Answersby Jim Gottstein Last update 1/19/2009Q. Why did PsychRights file this lawsuit?A. The State of Alaska, through various agencies, is improperly giving avery high percentage of children and youth in foster care very harmfulpsychiatric drugs and Medicaid is also paying to give a lot of these drugsto poor and disadvantaged children and youth. The massive over-drugging ofAmerica's children and youth with these drugs is an unfolding nationalhorror, not generally known. We think children and youth have the right notto be harmed this way and that is why PsychRights filed the lawsuit.Q. What, specifically are you asking for?A. An injunction against the State from giving or paying for these drugs tochildren and youth without proper consideration, including that less harmfulapproaches have been tried and failed. Specifically we are asking for acourt order prohibiting the State from giving or paying for these drugs tobe given to Alaskan children and youth unless and until:(i) evidence-based psychosocial interventions have been exhausted,(ii) rationally anticipated benefits of psychotropic drug treatment outweighthe risks,(iii) the person or entity authorizing administration of the drug(s) isfully informed, and(iv) close monitoring of, and appropriate means of responding to, treatmentemergent effects are in place,Q PsychRights' Complaint paints a horrible picture regarding the harm causedby these drugs and their lack of effectiveness. How can this be true?A. I know it seems hard to believe, which is a big reason why the Complaintis so long. I could have filed what is known as a "Notice Pleading," whichis very bare bones, but I felt we had to lay it out chapter and verse. 90%or more of the scientific allegations comes from Critical ThinkRx, which wasdeveloped under a grant from the Attorneys General Consumer and PrescriberGrant Program that the Alaska Attorney General is a member. The short answeris that the pharmaceutical companies have lied about these drugs, includingthe ways they communicate to doctors and the doctors have allowed themselvesto be misled. This includes the drug companies paying "Key Opinion Leaders"to propagate erroneous information in journal articles and medical educationprograms. Some of this has even been covered in the mainstream since wefiled the lawsuit. [1]   Also, the FDA, as currently configured, is notprotecting the public. We go into this on pages 14 through 20 of theComplaint.Q. Do you have any idea what percentage of Alaskan children and youth infoster care are being given these drugs? A. I have been asking that question since 2004, and have never been given astraight answer. By all accounts the State is not even keeping track andthis is something we will seek to find out in discovery. Other states thathave looked at it have found extremely high drugging rates. Texas 60%,Massachusetts 66%, Florida 50%. It is absurd to think all these childrenhave "mental illness." They are being drugged because they are upset andbothering people.Q. I notice that in all your e-mails and letters you talk about children instate custody, but the Complaint includes "paying for" the drugs. Why thechange?A. In thinking about it, in addition to the children and youth in Statecustody being harmed by these drugs without any countervailing benefit,there are a lot of children and youth on Medicaid who are also being harmed.The State also shouldn't be paying to harm children and youth even if theyaren't in foster care so we added it to the Complaint.Q. In PsychRights' initial News Release, you are quoted as saying, "It isoutrageous that the Commissioner of the Department of Health and Serviceswanted to talk with PsychRights about what might be done to avoid thelawsuit, but wasn't allowed to do so by the Attorney General's Office." Whatis that about?A. I ran into the Commissioner of Alaska's Department of Health and SocialServices a couple of weeks before filing the lawsuit and he said he wantedto talk about reaching a resolution without PsychRights filing the lawsuit.However, under Lawyers' ethical rules I can't talk to the Commissioner, orother officials with decision making authority, unless the AttorneyGeneral's Office consents. I asked the Alaska Attorney General's Office forsuch consent, of course inviting their participation, and they didn'trespond [2] so we were unable to talk before PsychRights filed the lawsuit.However, we were finally able to meet in early January of 2009 to talk aboutpossible settlement.Q. What was the outcome of that meeting?A. It is not considered proper to talk about what was discussed insettlement meetings, but I encourage people to ask Commissioner Hogan aboutthe State's response to the improper over-medicating of children and youthunder its control.References:1 See, e.g., Top Psychiatrist Didn't Report Drug Makers' Pay, New YorkTimes, October 4, 2008; Popular Radio Host Has Drug Company Ties, New York Times, November 22, 2008;http://psychrights.org Research Center Tied to Drug Company, New York Times, November 24, 2008; andSenator Questions Doctors' Ties to Drug Companies, The Dallas Morning News,September 24, 2008.2 See, August 20, 2008, e-mail to Assistant Attorney General Stacy Kraly,with a copy to Attorney General Colberg; August 20, 2008, e-mail from SteveVan Goor, Bar Counsel, Alaska Bar Association; and August 22, 2008, e-mailto Assistant Attorney General Stacy Kraly, with a copy to Attorney GeneralColberg.Contact: Vera Hassner Sharavveracare212-595-8974=====In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.