FEAT DAILY NEWSLETTER      Sacramento, California http://www.feat.org

March 14, 2001                     Search  www.feat.org/search/news.asp

Also: ADHD/Ritalin Lawsuit Against American Psychiatric

Association (APA) Dismissed

 

Judge Dismisses ADHD Lawsuit Against Shrinks

APA Praises Dismissal of ADHD Lawsuit as Victory

[From an American Psychiatric Association (APA) press release.]

http://64.14.118.139/topnews/Current_Releases/0313-144.html

San Diego - U.S. Newswire - In what has been described by the APA as

“a victory for sound medicine and free speech,” a federal judge in California has dismissed a class-action lawsuit claiming that the APA conspired with others to improperly broaden the diagnosis of Attention Deficit/Hyperactive Disorder (ADHD).

In a March 8 ruling, Senior U.S. District Judge Rudi Brewster said the

plaintiffs had failed to state a legally viable claim against the APA and

other defendants, and had produced no evidence to support their allegations.

In addition, the judge ruled that activities by defendants intended to

advance the medical understanding, diagnosis and treatment of ADHD were free

speech protected under California’s anti-SLAPP (Strategic Lawsuits Against

Public Participation) statute.

“The ruling confirms that this lawsuit, and others like it, have no

basis in law or fact,” said Dr. Steven M. Mirin, medical director for the

APA, based in Washington, D.C. “ADHD is a real disease that requires

professional diagnosis and treatment. This is a victory for parents seeking

to act in the best interests of their children.”

The California lawsuit and similar suits filed in federal courts in

Texas, Florida and New Jersey claimed that APA had conspired with a patient

support group, Children and Adults with Attention Deficit/Hyperactivity

Disorder (CHADD), and a pharmaceutical company, Novartis, to invent or

exaggerate ADHD as a disorder. APA was specifically accused of improperly

broadening the clinical diagnosis of ADHD in its authoritative Diagnostic

and Statistical Manual of Mental Disorders.

“There is no evidence to support these outrageous claims”, said Mirin,

adding that he was “pleased, but not surprised” by the ruling. “The

existence of ADHD is based on a mountain of widely accepted scientific

evidence accumulated over decades of research, as well as clinical

experience from treating—and helping—millions of children,” he said.

Specifically, the judge ruled that:

·        APA and the other defendants in the suit “have met their burden of

showing that the anti-SLAPP statute applies, because the speech at issue is

clearly speech protected under the United States and California Constitutions in connection with a public issue.”

·        The plaintiffs “failed to show misrepresentation of any material

facts, by whom any misrepresentations were made, when any misrepresentations

were made, and where any misrepresentations were made as required by the

Federal Rules of Civil Procedure.”

·        The complaint “fails to state a cause of action because of a number

of defects, including the absence of any allegations of causation, actionable conduct or damage.”

Judge Brewster said the plaintiffs could amend their complaint, but

warned that he would dismiss the case again unless the plaintiffs “could

file a legally proper complaint and come forward with sufficient evidence to

proceed.”

Background from APA:

ADHD is the most commonly diagnosed behavior disorder of childhood. It

affects an estimated 3 to 5 percent of school-age children, 75 percent of

them boys. An accurate diagnosis requires a thorough evaluation of the child’s developmental, social, academic, family and medical history.

Medication should be used only as part of a comprehensive treatment plan

that also includes psychotherapy, behavioral treatment, and community-based

support of teachers and guidance counselors.

The American Psychiatric Association, based in Washington, D.C., was

founded in 1844 and is the nation’s oldest medical society. It has more than

38,000 members around the world who specialize in the diagnosis and

treatment of mental and emotional illnesses and substance use disorders.

An integral part of APA’s mission is the publication of the Diagnostic

and Statistical Manual of Mental Disorders. First published in 1952 and

periodically revised, the manual provides comprehensive descriptions and

classifications of mental disorders. Its diagnostic criteria have been

extensively tested for validity and reliability in field trials supported by

the National Institute of Mental Health. The manual also reflects the

participation of numerous international health organizations, including the

World Health Organization, prominent medical and scientific associations

(including the AMA and the National Academy of Sciences), and public and

 

EXPERIENCED RESEARCH and SERVICES GRANT WRITERS NEEDED

to work on a volunteer basis for the M.I.N.D. Institute and for Families for Early Autism Treatment (FEAT).

You can advance critical autism research by assisting the M.I.N.D.

Institute in getting a multitude of projects funded.  The funds are

available for lack of the needed paperwork and the people to create it.  If

you are interested and experienced at writing grants, contact Kevin Duggan

at kbduggan@ucdavis.edu or 916 734-9676.

FEAT requires funding and support for the popular services provided to

families and their children with autism and the professionals who serve

them.  In addition to the services FEAT now provides, there is a need to

start up an email-based autism “Hotline” to meet the immediate needs of new

families coming into the rapidly expanding autism population.  These are

very “fundable” services but again, we need help with the paperwork. Contact

schafer@feat.org.

Lenny Schafer, Editor    Catherine Johnson PhD   Ron Sleith   Kay Stammers

Editor@feat.org    Unsubscribe: FEATNews-signoff-request@LIST.FEAT.ORG

 

ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE.  THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.