Last of Ritalin Lawsuits Dropped

New Jersey Plaintiffs Drop Lawsuit after Judge Criticizes Complaint 
Landover, MD-The plaintiffs in a New Jersey class action lawsuit filed against
Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD), the
American Psychiatric Association (APA) and Novartis, the manufacturer of
Ritalin, quietly withdrew their lawsuit on February 5, 2002, rather than try to
cure the deficiencies in their complaint identified by New Jersey Superior
Court Judge Charles J. Walsh at a hearing on October 26, 2001. 

"I am not surprised that the New Jersey plaintiffs chose to dismiss their
lawsuit rather than try to cure the problems noted by Judge Walsh," said Gerald
Zingone, legal counsel for CHADD. "Judge Walsh made it clear that he was highly
skeptical of plaintiffs' allegations of conspiracy, and he also expressed
concern that the plaintiffs' lawsuit was hampering CHADD's first amendment
right to speak freely concerning Attention-Deficit/Hyperactivity Disorder and
its treatment." 

The New Jersey lawsuit was one of five class action lawsuits filed in 2000
against CHADD, the APA and Novartis alleging that CHADD conspired with Novartis
and the APA to improperly broaden the diagnostic criteria for
Attention-Deficit/Hyperactivity Disorder (AD/HD) thereby increasing Ritalin
sales. Three of those lawsuits have now been voluntarily dismissed by the
plaintiffs who filed them. The other two were dismissed by federal court judges
after hearings on motions to dismiss filed by the defendants. One of those
dismissals, of a case pending in California federal court, was appealed by the
plaintiffs. The United States Court of Appeals for the Ninth Circuit is set to
hear argument on that appeal on March 6, 2002. 

On March 9, 2001, Judge Rudi Brewster of the United States District Court in
San Diego dismissed the lawsuit filed in his court, finding that the plaintiffs
had failed to set forth any allegations to support their claims. Oral argument
on plaintiffs' appeal of Judge Brewster's dismissal is scheduled for March 6,
2002, in The United States Court of Appeals for the Ninth Circuit. 

On May 17, 2001, Judge Hilda G. Tagle of the United States District Court in
Brownsville, Texas, dismissed the lawsuit pending in her court, also finding
that the plaintiffs in the Texas case had failed to come forward with even the
most basic information to support their conspiracy allegations. The Texas
plaintiffs did not appeal that dismissal. 

On July 3, 2001, the plaintiffs in a similar action filed in Florida federal
court quietly withdrew their lawsuit completely. 

On August 16, 2001, the plaintiffs in Puerto Rico withdrew their complaint.
Among other claims, plaintiffs alleged unspecified harm from Ritalin after
receiving information from the CHADD website in 1993. CHADD had no website
until 1995. 

"The baseless claims against CHADD through these lawsuits have not for one
minute deterred us from our mission of serving individuals with AD/HD," said E.
Clarke Ross, CHADD Chief Executive Officer. " Now, more than ever, we stand in
an even stronger position to share with the public the evidence-based,
science-based information so central to CHADD's mission." 

CHADD advocates a multi-modal 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.

Attention-Deficit/Hyperactivity Disorder is characterized by developmentally
inappropriate impulsivity, attention, and in some cases, hyperactivity. AD/HD
is a neurobiological disability that affects three-to-five percent of
school-age children and approximately two-to-four percent of adults.