- Litigation Strategy - Destroy Invented Dise

[Guest guest]

This was posted to the Alternative Medicine group.

I truly like this lawyer!

blessings

Shan

From: SSRI-Research@

Date: Sun, 28 May 2006 11:42:29 -0400

Subject: [sSRI-Research] - Litigation Strategy - Destroy Invented

Diseases

Gang, This just in from Barry *. Barry is a lecturer in law and

medical ethics at the University of Lincoln, and a lecturer in criminal law and

evidence at Leeds Metropolitan University in the UK.

He has for the past six years been a consultant in criminal and civil

litigation in the United States and Europe on legal matters concerning personal

in

jury, securities and federal false claims litigation particularly to do with the

pharmaceutical industry.

Based upon what is currently happening in the courts, here is his recommended

legal strategy.

Vince

* Barry is a member of our group.

*Attorney General of Texas, Greg Abbott, has filed a lawsuit seeking $250

million, accusing Merck of defrauding Texas citizens by representing Vioxx as

safe when applying for the drug's approval to be included on the state's list of

drugs approved to be covered for patients on Medicaid.

According to the lawsuit's complaint, Merck's failure to disclose the harmful

effects of Vioxx, while offering it to the state's Medicaid program as a safe

painkiller, violates the Texas Medicaid Fraud Prevention Act and the Texas

Medicaid program reimbursed pharmacists $56 million for Vioxx prescriptions over

a five-year period.

In another case, on March 31, 2006, a New Jersey court of appeals upheld a

class action lawsuit against Merck filed by private insurers and HMOs, as

third-party payors, under the New Jersey Consumer Fraud Act, to recover losses

incurred in purchasing Vioxx for their health plans.

I have been advocating for a long time that action should be taken against

big pharma by this route. PI suits may very well be morally righteous but they

will never make this industry change its ways. I have been involved in qui

tam suit strategies already (involving non-psych drugs) and I take the view that

because of the harsh penalties imposed when these are successful that this is

the legal strategy that will work against these people. It is not that PI

suits are not right for individuals injured by lying and coniving pharma

company's, of course they are. What is at issue is that pharma company's factor

litigation costs into 'research and development and other costs of sales. It

does

not hurt them to pay out in damages what they already budgeted for.

The Federal and State False Claims Act actions are different. A drug company

hit by a big one of these wil have to pay out colossal amounts in fines and

damages and these come out of profits. Then the stock will go down and you can

hit them again under Sarbanes Oxley. If anyone thinks that Sarbanes Oxley is

feeble legislation they can always ask the Enron execs.

If I was an American Citizen I would be filing Qui Tam suits right now. I am

available to advise on this subject and strategy for anyone who wants to know

more and will be happy to assist any American citizen wishing to take this

course of action.

ADHD is a fraud. It is a fraud in scientific terms and is a criminal

financial fraud against the US taxpayer. Ritalin is a fraud against the

taxpayer.

If ADHD does not exist then it is criminally fraudulent to sell a useless drug

to people (children).

Even if ADHD did exist it is epidemiologically unfeasible that the 'pandemic'

demonstrated by 'diagnosis and treatment' over the last twenty years could

have happened without an extrinsic cause. For this to be an actual phenomena

there would have to be a cause such a environmental pollution or a novel virus,

either of which would be detectable. Since the ADHD lobbyists refuse to

accept such a possibility and insist it is genetic in origin then for a pandemic

on

this scale it would have been documented for several centuries.

I would not dare to estimate the cost to the Medicare and Medicaid budgets of

the ADHD fraud, It will be billions. In qui tam suits the perpetrators would

have to pay back three times the amount they stole. That would be such a

spectacular figure that even the cash rich pharma industry would be left

reeling.

Then Sarbanes Oxley could send to jail those in the industry who knew of the

fraud and allowed shareholders to lose such a huge amount of money.

The exponential rise in SSRI prescription based on an unscientific and

fraudulent redefining of 'depression' is another area where qui tam could be

used.

In fact all non scientific inventions of disease are fraudulent appropriation

of taxpayers money where Medicare and Medicaid pick up the bill

I have spent an great deal of time on this strategy now, if anyone wants me

to come over to the US to assist in its use please let me know.

Barry