Ritalin class action lawsuits
Encyclopedia
The Ritalin Class action lawsuits were a series of federal lawsuits in 2000, filed in five separate U.S. states. All five lawsuits were dismissed by the end of 2002. The lawsuits alleged that the makers of Methylphenidate
(Ritalin) and the American Psychiatric Association
had conspired to invent and promote the disorder ADHD to create a highly profitable market for the drug. The lawsuit also alleged that CHADD (Children and Adults with Attention Deficit/Hyperactivity Disorder) deliberately attempted to increase the supply of Ritalin and ease restrictions on the supply of Ritalin to help increase profits for Novartis
.
advocacy organization, Citizens Commission on Human Rights
, and Anti-Psychiatry
critics believed Ritalin to be highly dangerous and completely unnecessary. Coale seemed to share these beliefs as he stated the purpose of the lawsuit to be; “...to put [Ritalin] off the market." The St. Petersberg Times has written that Coale was a practicing Scientologist at that time. Richard Scruggs
, like John Coale, and a few other lawyers who participated in the Ritalin class action lawsuits, had previously helped win a landmark settlement from the asbestos and tobacco industries, Ritalin was to be the next major battleground. Scruggs would lead and also become a spokesman for the plaintiffs. He asserted the Ritalin defendants, "manufactured a disease"...and "it has been grossly over-prescribed. It is a huge risk." Peter Breggin
who is a noted Anti-Psychiatry critic, was hired as a medical consultant by the firm and was also involved as a consultant in the other lawsuits.
The first class action was filed in Texas by the law firm Waters & Kraus in 2000. They created a webpage called Ritalinfraud.com which had an online form to seek additional participants in class action lawsuits. According to Breggin, Plaintiff Andy Waters had previously read his book Talking back to Ritalin before filing his lawsuit. The firm believed that the improper conduct of Novartis rivaled the improper conduct of the tobacco and asbestos industries and that the drug company could be liable for billions of dollars. The firm claimed that Novartis specifically took the following steps to dramatically increase the sale of Ritalin.
The American Psychiatric Association stated, "the allegation that it had conspired with Novartis to create the ADHD diagnosis was "ludicrous and totally false," and said there existed "a mountain of scientific evidence to refute these meritless allegations."
A spokeswomen for CHADD stated, "That such absurd accusations even found their way into court—despite the extraordinary amount of science-based research clearly proving the disorder's existence—is just one example of the kind of hostility and skepticism that individuals with AD/HD face each day."
A SLAPP is a form of litigation filed to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. The Anti-SLAPP statute is designed to eliminate potential lawsuits early in court procedures, that are in reality political actions. Judge Brewster dismissed the suit stating that the defendants' speech is "protected under both the United States and California Constitutions" and that plaintiffs "failed to state a cause of action." In addition to dismissing the suit, the court also ordered that the plaintiffs pay the legal fees for Novartis, APA and CHADD. In the conclusion to one the other lawsuits, Judge Tagla stated. "that the allegations were fully without merit. Defendants failed to provide any concrete statements to document their claims." By 2002 all five class action lawsuits had been dismissed or had withdrawn their lawsuits. A Novartis spokesperson stated;"...the fact that all five of the class action lawsuits have been dismissed, sends a strong message that the decision of how to treat ADHD is between the parent, patient and physician, and has no place in the courts."
Methylphenidate
Methylphenidate is a psychostimulant drug approved for treatment of attention-deficit hyperactivity disorder, postural orthostatic tachycardia syndrome and narcolepsy. It may also be prescribed for off-label use in treatment-resistant cases of lethargy, depression, neural insult and obesity...
(Ritalin) and the American Psychiatric Association
American Psychiatric Association
The American Psychiatric Association is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the most influential worldwide. Its some 38,000 members are mainly American but some are international...
had conspired to invent and promote the disorder ADHD to create a highly profitable market for the drug. The lawsuit also alleged that CHADD (Children and Adults with Attention Deficit/Hyperactivity Disorder) deliberately attempted to increase the supply of Ritalin and ease restrictions on the supply of Ritalin to help increase profits for Novartis
Novartis
Novartis International AG is a multinational pharmaceutical company based in Basel, Switzerland, ranking number three in sales among the world-wide industry...
.
Previous lawsuits/history of class action
Beginning in the 1980s, a series of lawsuits were filed based on the perceived harmful side effects of Ritalin. John Coale, who had participated in one of these lawsuits, joined what became an ever larger contingent of lawyers involved in what was then a growing series of Ritalin class action lawsuits. In the late 90's, there was a significant increase in production of Ritalin. A minority but vocal group of critics perceived that a crisis was on hand. Coale also expressed alarm, "They were giving this stuff away like candy”. The Church of ScientologyChurch of Scientology
The Church of Scientology is an organization devoted to the practice and the promotion of the Scientology belief system. The Church of Scientology International is the Church of Scientology's parent organization, and is responsible for the overall ecclesiastical management, dissemination and...
advocacy organization, Citizens Commission on Human Rights
Citizens Commission on Human Rights
The Citizens Commission on Human Rights is an advocacy group established in 1969 by the Church of Scientology and psychiatrist Thomas Szasz. The group promotes several video campaigns which support views against psychiatry...
, and Anti-Psychiatry
Anti-psychiatry
Anti-psychiatry is a configuration of groups and theoretical constructs that emerged in the 1960s, and questioned the fundamental assumptions and practices of psychiatry, such as its claim that it achieves universal, scientific objectivity. Its igniting influences were Michel Foucault, R.D. Laing,...
critics believed Ritalin to be highly dangerous and completely unnecessary. Coale seemed to share these beliefs as he stated the purpose of the lawsuit to be; “...to put [Ritalin] off the market." The St. Petersberg Times has written that Coale was a practicing Scientologist at that time. Richard Scruggs
Richard Scruggs
Richard F. "Dickie" Scruggs is an American former A6A naval aviator, a prominent trial lawyer, one of the richest men in Mississippi, and the brother-in-law of former U.S. Senate Majority Leader Trent Lott. Scruggs first came to the public eye after successfully suing the asbestos industry on...
, like John Coale, and a few other lawyers who participated in the Ritalin class action lawsuits, had previously helped win a landmark settlement from the asbestos and tobacco industries, Ritalin was to be the next major battleground. Scruggs would lead and also become a spokesman for the plaintiffs. He asserted the Ritalin defendants, "manufactured a disease"...and "it has been grossly over-prescribed. It is a huge risk." Peter Breggin
Peter Breggin
Peter Roger Breggin is an American psychiatrist and critic of biological psychiatry and psychiatric medication. In his books, he advocates replacing psychiatry's use of drugs and electroconvulsive therapy with humanistic approaches, such as psychotherapy, education, and broader human...
who is a noted Anti-Psychiatry critic, was hired as a medical consultant by the firm and was also involved as a consultant in the other lawsuits.
The first class action was filed in Texas by the law firm Waters & Kraus in 2000. They created a webpage called Ritalinfraud.com which had an online form to seek additional participants in class action lawsuits. According to Breggin, Plaintiff Andy Waters had previously read his book Talking back to Ritalin before filing his lawsuit. The firm believed that the improper conduct of Novartis rivaled the improper conduct of the tobacco and asbestos industries and that the drug company could be liable for billions of dollars. The firm claimed that Novartis specifically took the following steps to dramatically increase the sale of Ritalin.
- Actively promoting and supporting the concept that a significant percentage of children suffer from a "disease" which required narcotic treatment/therapy;
- Actively promoting Ritalin as the "drug of choice" to treat children diagnosed with ADD and ADHD:
- Actively supporting groups such as Defendant CHADD, both financially and with other means, so that such organizations would promote and support (as a supposed neutral party) the ever-increasing implementation of ADD/ADHD diagnoses as well as directly increasing Ritalin sales;
- Distributing misleading sales and promotional literature to parents, schools and other interested persons in a successful effort to further increase the number of diagnoses and the number of persons prescribed Ritalin.
Novartis, APA, and CHADD respond
A spokesperson for Novartis responded to the Texas suit, "Ritalin has been used safely and effectively in the treatment of millions of ADHD patients for over 40 years, and is the most studied drug prescribed for the disorder."The American Psychiatric Association stated, "the allegation that it had conspired with Novartis to create the ADHD diagnosis was "ludicrous and totally false," and said there existed "a mountain of scientific evidence to refute these meritless allegations."
A spokeswomen for CHADD stated, "That such absurd accusations even found their way into court—despite the extraordinary amount of science-based research clearly proving the disorder's existence—is just one example of the kind of hostility and skepticism that individuals with AD/HD face each day."
Outcome
The first suit to be dismissed occurred in California in 2001. U.S. District Judge Rudi Brewster dismissed the suit under California's anti-SLAPP statute.A SLAPP is a form of litigation filed to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. The Anti-SLAPP statute is designed to eliminate potential lawsuits early in court procedures, that are in reality political actions. Judge Brewster dismissed the suit stating that the defendants' speech is "protected under both the United States and California Constitutions" and that plaintiffs "failed to state a cause of action." In addition to dismissing the suit, the court also ordered that the plaintiffs pay the legal fees for Novartis, APA and CHADD. In the conclusion to one the other lawsuits, Judge Tagla stated. "that the allegations were fully without merit. Defendants failed to provide any concrete statements to document their claims." By 2002 all five class action lawsuits had been dismissed or had withdrawn their lawsuits. A Novartis spokesperson stated;"...the fact that all five of the class action lawsuits have been dismissed, sends a strong message that the decision of how to treat ADHD is between the parent, patient and physician, and has no place in the courts."