Showing posts with label Jim Gottstein. Show all posts
Showing posts with label Jim Gottstein. Show all posts

July 18, 2012

Does The Heritage Foundation Distort Its Mission?


This is the mission statement of the Heritage Foundation,
http://www.heritage.org/about

"Founded in 1973, The Heritage Foundation is a research and educational institution—a think tank—whose mission is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.

We believe the principles and ideas of the American Founding are worth conserving and renewing. As policy entrepreneurs, we believe the most effective solutions are consistent with those ideas and principles. Our vision is to build an America where freedom, opportunity, prosperity, and civil society flourish.
"

On July 18, 2012 the Heritage Foundation sponsored a lecture by E. Fuller Torrey, who is promoting his book, The Insanity Offense: How America’s Failure to Treat the Seriously Mentally Ill Endangers Its Citizens, which [according to Jim Gottstein, Attorney and Founder of Psychrights.org says] advocates making it even easier to lock citizens up, label and stigmatize them without legal justification, and forcibly drug them against their will ("forced treatment"). In a prior book, Torrey explicitly advocates committing perjury to accomplish these aims, noting with approval, “It would probably be difficult to find any American psychiatrist working with the mentally ill who has not, at a minimum, exaggerated the dangerousness of a mentally ill person's behavior to obtain a judicial order for commitment.”

Torrey notoriously promotes the unverified claim that mental illness causes violence. There is no causal connection between mental illness and crime or violence. Nonetheless the psychiatric industry tries to criminalize mental illness to increase its client base and to extend psychiatry into the criminal justice system. That will further corrupt the system removing any protections from government abuses from the arbitrary opinions of psychiatrists who are not held accountable for their errors in judgment or their criminal abuses.

How is that compatible with their mission statement regarding individual freedom and limited government? Psychiatry criminalizes constitutionally protected speech and behavior, which psychiatrists do not like or do not understand. They force individuals using the police power of government to take psychiatric drugs. How is that compatible with limited government, the Fourth and the Ninth Amendments? Psychiatry is the only alleged medical discipline that requires police powers to enforce diagnoses. It is the only alleged medical discipline which can force treatment without consent.

The psychiatric industry conducted a multi year PR campaign promoting the false notion of "chemical imbalance of the brain." The goal was to give psychiatry a basis in science. They alleged that pictures of brain activity were evidence of mental illness. But there is no standard for a chemical balance of the brain to measure against. It was a fantasy. When confronted by civil rights and disability rights activists the American Psychiatric Association was unable to present any evidence of their claim of a chemical imbalance of the brain. Nonetheless among the minds of civilians there are still many who believe this psychiatric fantasy.

Psychiatry uses state and US courts to deny persons accused of mental illness the basic rights guaranteed to others under the constitution. Court rules deny to persons accused of mental illness the protections afforded other parties in court proceedings. Yet the Heritage Foundation allows this self interested and self promoting psychiatrist with a history of promoting denial of rights and restricting freedom of vulnerable citizens, a forum without any opposition. Has the Heritage Foundation like the American Civil Liberties Union become an oppressive organization in the name of freedom? How shameful that psychiatrists use scholarly organizations to promote taking freedom from individuals in the name of health. Psychiatry is a system of social control with no due process protections. Nazi doctors used psychiatry to resolve what they said were public health problems. They said Jews were vermin. Nazis medicalized social problems. There is no appeal from medical diagnoses.

Psychiatry is a system of personal opinion masquerading as science. Mental illnesses are created by consensus not science. Yet judges allow their testimony in courts contrary to the requirements of case law, (KUMHO TIRE CO. V. CARMICHAEL (97-1709) 526 U.S. 137 (1999), 131 F.3d 1433, reversed.) which limits expert testimony to experts using knowledge with a high reliability factor. Personal opinion is not reliable knowledge. This is easily seen with regard to the lack of accountability of psychiatrists who err in their opinions. For every psychiatric opinion in
court there is an equal and opposite opinion.

In order to maintain a rational approach to limiting psychiatric abuse The Heritage Foundation should extend an invitation to Robert Whitaker who writes about the evils of psychiatry and its irrational public policy abominations. http://robertwhitaker.org/robertwhitaker.org/Home.html

October 26, 2011

USCA 9th Circuit Permits Fraud to Continue

NEWS RELEASE
FOR IMMEDIATE RELEASE

October 25, 2011

CONTACT

Jim Gottstein

907-274-7686

jim.gottstein@psychrights.org

9th Circuit Allows Fraud to Continue;
PsychRights Expects To File for Rehearing

The United States Court of Appeals for the Ninth Circuit today affirmed the dismissal of the Medicaid Fraud Case, United States ex rel Law Project for Psychiatric Rights v. Matsutani, et al., because the Government knows of the fraud and isn't doing anything about it.

Jim Gottstein, president of the Law Project for Psychiatric Rights (PsychRights®) and the attorney handling the case said, "This decision essentially immunizes all similar past and future fraud from whistleblower cases in the 9th Circuit. We think the decision is wrong on the law and expect to file a petition for rehearing, but the main problem is the government is allowing this massive fraudulent scheme to continue."

Medicaid restricts coverage of outpatient drugs to those that are for a "medically accepted indication," but the drug companies induce doctors to prescribe harmful, ineffective psychiatric drugs to children and youth that are not for medically accepted indications in a fraudulent scheme that can be depicted as follows.



FraudulentScheme




The Department of Justice has recovered billions of dollars from drug companies for causing false claims at Step 1 of the Fraudulent Scheme, but have declined intervention involving defendants at Steps 2 & 3. "This means that the drug companies pay their fines, cap their liability and continue to rake in the profits under the fraudulent scheme as the doctors continue to issue these uncovered prescriptions," said Mr. Gottstein.

To address this problem, in July of 2009, the PsychRights® launched its Medicaid Fraud Initiative with a model Qui Tam Complaint for people to use around the country.

Since then the government has declined to intervene in the Alaska case, an Illinois case and a Wisconsin case involving this fraudulent scheme.

In 2007-2008, there were two suspicious letters on the letterhead of the agency charged with administering the Medicaid program, the Centers for Medicare and Medicaid Services (CMS), that assert Congress did not limit outpatient drug coverage under Medicaid to those used for a medically accepted indication. This is directly contrary to the formal position of the United States Government, taken in a number of False Claims Act cases against drug companies, such as the United States Statement of Interest in Polansky v. Pfizer.

"It is hard to escape the conclusion that the Department of Justice has succumbed to the politics of holding doctors accountable for their fraudulent conduct," Mr. Gottstein said, "The result is children's' health and even lives are being sacrificed on the altar of drug company profits."

###

The Law Project for Psychiatric Rights is a public interest law firm devoted to the defense of people facing the horrors of forced psychiatric drugging and electroshock. PsychRights is further dedicated to exposing the truth about psychiatric interventions and the courts being misled into ordering people subjected to these brain and body damaging drugs against their will. Due to the massive growth in psychiatric drugging of children and youth, PsychRights has made attacking this problem a priority. Extensive information about these dangers, and about the tragic damage caused by electroshock, is available on the PsychRights web site: http://psychrights.org/.

* * *

[Previous decision]

http://psychrights.org/pr/100925MatsutaniGriffinDismissalNR.pdf

NEWS RELEASE

FOR IMMEDIATE RELEASE CONTACT

September 25, 2010 Jim Gottstein

907-274-7686

jim.gottstein@psychrights.org

Trial Judge Tosses Medicaid Fraud Cases Because Government Officials Are Allowing the Fraud to Continue

On September 24, 2010 Alaska Federal District Court Judge Timothy Burgess dismissed two Medicaid Fraud cases brought by the Law Project for Psychiatric Rights (PsychRights®) because government officials already know about the industry-wide fraud and are allowing it to continue.

[T]he Government already "has pursued False Claims Act cases and achieved extremely large recoveries against drug companies for causing the presentment of claims to Medicaid for prescriptions of psychotropic drugs that are not for medically accepted indications, including Geodon and Seroquel for use in children and youth." Thus, . . . the Government already knows about the conduct . . . . [1]

These large settlements, amounting to billions of dollars in fines are just a cost of doing business for the drug companies, doctors still prescribe these drugs that are not reimbursable under Medicaid, and Medicaid continues to pay these fraudulent claims. In spite of this, the judge ruled PsychRights and Daniel Griffin do not have whistleblower status because the government knows about the continuing fraud.

Jim Gottstein, PsychRights' president and the attorney handling the case, said, "We believe the judge misinterpreted the law and we expect to appeal. One of the reasons Congress passed the False Claims Act allowing private parties to sue on behalf of the government to recover for fraud was to address the problem of federal officials refusing to stop fraud against the government."

# # #

The Law Project for Psychiatric Rights is a public interest law firm devoted to the defense of people facing the horrors of forced psychiatric drugging and electroshock. PsychRights is further dedicated to exposing the truth about psychiatric interventions and the courts being misled into ordering people subjected to these brain and body damaging drugs and electroshock against their will. Due to massive growth in psychiatric drugging of children and youth and the current targeting of them for even more psychiatric drugging, PsychRights has made attacking this problem a priority. It is an unfolding national tragedy of immense proportions. Extensive information about the tragic damage caused psychiatric drugs and electroshock is available on the PsychRights web site: http://psychrights.org/

__________________

[1] Page 21 in Docket No. 163, United States ex rel Law Project for Psychiatric Rights v. Matsutani et.al, No. 3:09-cv-80, and Docket No. 26 in U.S. ex rel Griffin v. Martino, Family Centered Services and Safeway, No. 3:09-cv-246.


[1] Page 21 in Docket No. 163, United States ex rel Law Project for Psychiatric Rights v. Matsutani et.al, No. 3:09-cv-80, and Docket No. 26 in U.S. ex rel Griffin v. Martino, Family Centered Services and Safeway, No. 3:09-cv-246.

October 16, 2010

PsychRights To Appeal Dismissal of Qui Tam Claims

http://psychrights.org/pr/101015AttyFeeMotionNR.pdf

NEWS RELEASE

FOR IMMEDIATE RELEASE CONTACT
October 15,2010 Jim Gottstein 907-274-7686

jim.gottstein@psychrights.org

Medicaid Fraud Defendants Seek Almost $325,000 in Legal Fees and Costs After Court Dismissed Case Because PsychRights is Not In It for The Money

On October 14, 2010, Osamu Matsutani, Providence Hospital, Anchorage Community Mental Health Services and other defendants in U.S. ex rel PsychRights v. Matsutani et al., filed for almost $325,000 in legal fees and costs against the Law Project for Psychiatric Rights (PsychRights®). This was in the wake of the case's dismissal in late September on the grounds that government officials already know about the industry-wide fraud and are allowing it to continue. In that decision, the district decided the case could not go forward because,

the Government already "has pursued False Claims Act cases and achieved extremely large recoveries against drug companies for causing the presentment of claims to Medicaid for prescriptions of psychotropic drugs that are not for medically accepted indications, including Geodon and Seroquel for use in children and youth." Thus, . . . the Government already knows about the conduct . . . . [1]

That decision is on appeal.

A primary reason why these defendants assert they should be paid their attorney's fees is because PsychRights is bringing these cases to protect children and youth from the massive harm caused by these drugs, rather than for the money. Jim Gottstein, the president of PsychRights, said PsychRights will oppose the attorney's fees and costs requests.

# # #

The Law Project for Psychiatric Rights is a public interest law firm devoted to the defense of people facing the horrors of forced psychiatric drugging and electroshock. PsychRights is further dedicated to exposing the truth about psychiatric interventions and the courts being misled into ordering people subjected to these brain and body damaging drugs and electroshock against their will. Due to massive growth in psychiatric drugging of children and youth and the current targeting of them for even more psychiatric drugging, PsychRights has made attacking this problem a priority. It is an unfolding national tragedy of immense proportions. Extensive information about the tragic damage caused psychiatric drugs and electroshock is available on the PsychRights web site: http://psychrights.org/.

______________
[1] Page 21 in Docket No. 163, United States ex rel Law Project for Psychiatric Rights v. Matsutani et.al, No. 3:09-cv-80.

[1] Page 21 in Docket No. 163, United States ex rel Law Project for Psychiatric Rights v. Matsutani et.al, No. 3:09-cv-80.

August 22, 2010

Zyprexa Legal Abuse Continues

http://psychrights.org/pr/100812JGStatement.pdf

Statement of Jim Gottstein Regarding 2nd Circuit Decision on the Zyprexa Papers

August 12, 2010

Today, the United States Court of Appeals for the Second Circuit affirmed the District Court's injunction issued against me in connection with the subpoenaing and distribution of documents produced in the Zyprexa Products Liability Litigation. I am disappointed in the ruling. The Court of Appeals held the District Court did not abuse its discretion in finding the subpoena was a sham. This is not the case. I believe I acted properly, but understand why both courts would believe this. Ultimately, I feel I did not adequately explain my actions to the District Court and it was understandably offended by what it thought was a deliberate violation by me of one of its orders. My explanation was hampered at the time because critical information had been withheld from me, such as my client having been drugged with Zyprexa pursuant to a forced drugging court order shortly before I took his case. I certainly intended no disrespect to the District Court.

James B. (Jim) Gottstein, Esq.President/CEO

Law Project for Psychiatric Rights

February 13, 2010

Alaska Psychiatrists Sued for Fraud


Jim Gottstein

http://www.adn.com/front/story/1133691.html

Alaska psychiatrists accused of wrongly medicating children

FRAUD CLAIM: Doctors followed drug marketing recklessly, suit says.