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Sent: Monday, February 03, 2003 4:02 PM
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Subject: CHADD Vindicated by Ninth Circuit Affirmance of Lawsuit Dismissal
News from CHADD
Volume 3, Issue 10
Note to Reporters: For additional information, please contact Peg
Nichols, Director of Communications & Media Relations, or Winnie
Imperio, Communications Associate. 301-306-7070, extensions 102 and
117.
CHADD Vindicated by Ninth Circuit Affirmance of Lawsuit Dismissal
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The Nation's Leading Organization Serving Individuals with AD/HD
Continues Moving Forward with National Education, Research and Support
Agenda
Landover, MD -- In the last of the five class action lawsuits filed
against CHADD nearly three years ago, the United States Court of Appeals
for the Ninth Circuit affirmed last Friday, January 31, the dismissal of
a class action lawsuit filed in California that alleged a conspiracy
between CHADD, the American Psychiatric Association, and Novartis
Pharmaceuticals (manufacturer of Ritalin) to broaden the clinical
definition of AD/HD for financial gain.
In March 2001, Judge Rudi Brewster of the United States District Court
in San Diego had dismissed the lawsuit filed in his court, finding that
the plaintiffs had failed to set forth any allegations to support their
claims. Judge Brewster also ruled that activities by the defendants in
the suit are considered free speech protected under California's
anti-SLAPP (Strategic Lawsuits Against Public Participation) statute.
"CHADD has maintained from day one that these allegations were unfounded
and ridiculous," said E. Clarke Ross, CHADD Chief Executive Officer.
"The Ninth Circuit's affirmance confirms what we have known all along:
there is simply no merit to the plaintiffs' suggestion that CHADD has
violated the trust of its membership by 'conspiring' to increase sales
of Ritalin."
Attention Deficit/Hyperactivity Disorder (AD/HD) is a neurobiological
disability that affects three-to-five percent of school-age children and
approximately two-to-four percent of adults. AD/HD is characterized by
developmentally inappropriate impulsivity, attention, and in some cases,
hyperactivity. Although individuals with AD/HD can lead highly
successful lives, without identification and proper treatment AD/HD can
have serious consequences, including school failure, depression, conduct
disorder, failed relationships, and substance abuse. Early
identification of the disorder and appropriate treatment increase the
likelihood of positive long-term outcomes.
Up to 70 percent of children with AD/HD will continue to exhibit
symptoms of AD/HD in adulthood. Long-term studies show that children who
receive adequate treatment for AD/HD have fewer problems with school,
peers and substance abuse, and show improved overall function, compared
to those who do not receive treatment.
CHADD advocates a multimodal approach to the treatment of AD/HD
including parent training in diagnosis, treatment and specific behavior
management techniques, an appropriate educational program, individual
and family counseling when needed, and medication when required.
# # #
With 20,000 members and 200 chapters nationwide, CHADD works to improve
the lives of people affected by AD/HD through collaborative leadership,
advocacy, research, education and support: CHADD CARES. For additional
information about AD/HD or CHADD, please contact the National Resource
Center on AD/HD at 1-800-233-4050, or visit the CHADD website at
www.chadd.org.
News From CHADD is a free electronic newsletter providing the latest federal
action alerts, legislative and policy updates, and CHADD press releases.
Contributions to support CHADD are welcomed and can be made
online (
https://www.chadd.org/donatenow.cfm?cat_id=subcat_idH ) or via
mail. Make checks payable to:
CHADD
8181 Professional Place, Suite 201,
Landover, MD 20785
or through the Combined Federal Campaign (CFC #2555)
Thank you.
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