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Lawyers Allege Maker of Ritalin, Psychiatric Group 'Created' Disease
By RICHARD B. SCHMITT Staff Reporter of THE WALL STREET JOURNAL
Sept 14, 2000 page B19
The lawyers who brought you suits over tobacco, guns and health-maintenance
organizations have a new target: Ritalin. Wednesday, plaintiffs' lawyers
filed two suits, alleging that the maker of Ritalin, the commonly prescribed
attention-deficit treatment, conspired with a psychiatric group to "create"
a disease, and later hyped the drug's benefits. The cases, filed in
California and New Jersey, seek billions of dollars in damages, and are
likely to be followed by suits on behalf of consumers in other states, the
lawyers said.
The legal action tracks a growing public debate over Ritalin. Most
psychologists and psychiatrists believe that, at least in short-term use,
the drug is safe and effective in treating so-called Attention Deficit
Hyperactivity Disorder. But a vocal minority claims that ADHD has been
over-diagnosed, and that Ritalin has been over-prescribed, including among
many preschool children. Critics also say the long-term side-effects of
Ritalin haven't been adequately studied. This spring, the issue drew the
attention of the White House, which ordered up a study of ADHD drugs
prescribed for very young children. Ritalin has been distributed in the U.S.
since the 1950s, originally by Ciba-Geigy Corp., which became part of
Swiss-based Novartis AG, following a 1997 merger. Officials at Novartis, and
another defendant, the American Psychiatric Association, said they hadn't
seen the suits, although they had strongly denied any wrongdoing in
connection with a similar suit over Ritalin filed earlier this year in
Texas. "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," Novartis said, in a statement responding to
the Texas suit. The American Psychiatric Association, in its own earlier
statement on the Texas case, said 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." In the latest suits, the lawyers are led by
Pascagoula, Miss., plaintiffs' attorney Richard Scruggs, famed for helping
negotiate the landmark settlements between state attorneys general and the
tobacco industry in 1998, while earning his law firm an estimated \$1 billion
fee. Other lawyers involved include members of the "Castano" group, a
network of plaintiffs' lawyers that filed suits against the tobacco industry
on behalf of smokers. Since the
tobacco suits, some of the lawyers have launched cases against gun
manufacturers, health-maintenance
organizations and drug companies, including the manufacturers of the
fen-phen diet cocktail. In Ritalin's case, they are also joining forces with
lawyers in the previously filed Texas suit. The Ritalin defendants
"manufactured a disease," asserts Mr. Scruggs. "It has been grossly
over-prescribed. It is a huge risk."
Class-Action Status Sought
The lawsuits, which seek class-action status, contend that Novartis and
Ciba-Geigy, along with the psychiatric association, conspired to create a
broad-based definition of hyperactivity disorders in the standard medical
text used by doctors; that, the suits say, has had the effect of boosting
sales and profits. Subsequently, Novartis and Ciba-Geigy employed false and
misleading advertising, which played down the drugs' side-effects, and
oversold the benefits, the suits allege. The suits also name Children and
Adults with Attention-Deficit/Hyperactivity Disorder, or Chadd, a Landover,
Md., nonprofit support group, which has received financial backing from
Novartis, according to the suit. Chadd officials couldn't immediately be
reached for comment.
Donald Hildre, a San Diego lawyer, said the suit in California was filed
under a provision of the state's business and professions code, which
provides for forfeiture of profits and huge fines, in instances where
companies are found to have misled the public. He added that the same law
was invoked in state litigation against tobacco companies. The lead
plaintiff in his suit, filed in San Diego federal court, is the son of a
secretary at his law firm, who took Ritalin for five years. The New Jersey
suit was filed in state court in Hackensack.
Write to Richard B. Schmitt at rick.schmitt@wsj.com
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