A class action suit for "fraud" and "conspiracy" in over-promoting the stimulant medication Ritalin (methylphenidate) was filed on May 1, 2000 in a Texas court. The suit was brought by the Dallas law firm, Waters and Kraus, and will be nationwide in scope.
Three national organizations are named as defendants: (1) Novartis (formerly Ciba Geigy), the manufacturer of Ritalin, (2) CHADD (Children and Adults with Attention Deficit/Hyperactivity Disorder), a parents' organization that is partially funded by drug companies, and (3) the American Psychiatric Association.
The suit charges that Novartis, CHADD, and the American Psychiatric Association committed fraud in conspiring to over-promote the diagnosis Attention Deficit Hyperactivity Disorder and its treatment with the stimulant drug, Ritalin.
The allegations state that the drug company "deliberately, intentionally, and negligently” encouraged the use of Ritalin through its promotional literature and through its training of sales representatives. In so doing “Defendants willfully failed” to inform parents, teachers, and doctors of the well known hazards of Ritalin use. The suit also charges the drug company with “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 the ADD/ADHD diagnosis as well as directly increasing Ritalin sales.”
It further claims that “Defendant American Psychiatric Association (APA) conspired, colluded and cooperated with the other Defendants” while taking “financial contributions from Ciba as well as other members of the pharmaceutical industry…”
Although the suit was motivated by concern about the over-medicating of America's children, the class action is not restricted to children. Adults who have purchased Ritalin for children or for themselves in the last four years are potentially eligible to participate in the suit. The suit seeks compensation for those who paid for Ritalin, regardless of whether or not the medication caused any harm or damage.
Anyone interested in joining the class action suit, or in obtaining more information about its legal basis, should contact the attorneys, C. Andrew Waters and Peter Kraus (phone: 214 357 6244).
Peter R. Breggin, M.D. (phone 301 652 5580), medical consultant to the suit, may be contacted about background issues concerning Ritalin, ADHD, Novartis, CHADD and the American Psychiatric Association. Dr. Breggin is the director of the International Center for the Study of Psychiatry and Psychology (ICSPP). However, ICSPP has no role in, and is not a party to, the class action suit.