State of Conneticut Reaches False Claims Act Settlement with Providers at Children's Behavioral Health Clinic

From this Conneticut Attorney General Press Release.

A social worker and a doctor will pay a total of $120,000 to Connecticut's Medical Assistance Program (CMAP) through settlement agreements that resolve civil allegations involving the filing of false and fraudulent claims for payments at a Branford-based outpatient behavioral health clinic for children, Attorney General George Jepsen said today.

The state alleged that David M. Meyers, a licensed clinical social worker and former president of Cornerstones P.C., located in Branford, hired Dr. W. Blake Taggart to be the medical director of Cornerstones through an independent contractor agreement. Cornerstones' provider agreement with the state Department of Social Services (DSS) for participation in CMAP – which is the state's Medicaid program – required that the clinic comply with all applicable regulations. The state Department of Children and Families (DCF), which licenses and regulates outpatient psychiatric clinics for children, required Cornerstones to have a medical director. As part of Meyers' effort to maintain his clinic's enrollment in the CMAP beginning in January 2010, the DSS required an updated letter representing that Cornerstones continued to have a medical director overseeing care.

The state alleged that Dr. Taggart resigned as the clinic's medical director in September 2009, but two months later Meyers falsely stated in the letter to DSS that Dr. Taggart remained as the clinic's medical director. The state alleged that Dr. Taggart facilitated this misrepresentation by signing the false, back dated letter to DSS.

[...]

Pfizer settles lawsuits tying sex and gambling addictions to dopamine meds

As reported by Fierce Pharma, from a report in the Financial Review

Pfizer ($PFE) is settling class-action litigation brought by patients who claimed the drugmaker did not adequately warn them of possible side effects of drugs they were taking to treat their Parkinson's disease or restless leg syndrome. While this kind of litigation is routine, the side effects were not. Instead patients said the drugs created addictions they didn't previously have, causing them to gamble away their life savings, or become obsessed with shopping or sex.

The confidential settlement with 172 patients, said to be for millions of dollars, was approved by a judge in federal court in Australia, the Financial Review reports, although payments were delayed until they are assessed by an independent review. Pfizer had agreed to the settlement late last year, ahead of a trial of the cases brought by people who took Pfizer's Cabaser and Dostinex between 1996 and 2010 to treat tremors associated with Parkinson's disease or RLS.

"Pfizer entered into settlement resolution discussions in order to avoid the cost of litigating this claim and to avoid a lengthy trial," a Pfizer spokesman told the publication. "Pfizer remains willing to litigate this matter in court if necessary."

The drugs work by providing dopamine agonists that imitate the effects of dopamine in the brain, something Parkinson's patients lack. A study published last year in JAMA Internal Medicine found that the "psychiatric side effects" of uncontrollable urges were not as rare as first believed. It found that they occurred in at least 10% of patients, but said they probably were underreported because patients were ashamed to talk about what they had done.

The authors of the study said the potential was large enough, greater than suicide risks of antidepressants for example, that the FDA should require a "black box" warning on the labels on dopamine agonists, a class that includes Requip from GlaxoSmithKline ($GSK), UCB's Neupro and Mirapex from Boehringer Ingelheim. The German company was sued by a New York man some years back who said that taking the drug had turned him into a "pathological gambler," who ruined him as he gambled away $3 million.

According to the Financial Review Eli Lilly and Aspen Pharmacare also settled with 32 patients in 2013 in similar case involving the drug Permax.

Texas Medical Board hands out meger $5,000 dollar penalty for psychiatrist sex with patient.

As Reported on the East Texas Matters Website, an announcement from the Texas Medical Board which can also be found here (PDF)

On April 10, 2015, the Board and Fermin Briones, jr., M.D., entered into an Agreed Order publicly reprimanding Dr. Briones and requiring him to within 30 days undergo

an independent medical evaluation and

follow all recommendations for care and treatment;

within one year and three attempts pass the medical jurisprudence exam;

within one year complete at least 16 hours of in-person cme, divided as follows:

1. eight hours in ethics and
2. eight hours in HIPAA compliance;

and pay an administrative penalty of $5,000 within 90 days.

The board found Dr. Briones engaged in unprofessional conduct

by having a sexual relationship with a patient and

continuing to have inappropriate contact with the patient after the filing of the complaint alleging a sexual relationship had occurred with the patient; and

violated state and federal patient confidentiality laws through his filing of a lawsuit seeking a restraining order against the patient.

The initial Texas Medical Board report can be found here

Briones, Fermin, Jr., M.D., Lic. No. N0660, San Antonio On January 29, 2015 a disciplinary panel of the Texas Medical Board temporarily suspended, with notice, the Texas medical license of Fermin Briones, Jr., M.D., a San Antonio psychiatrist, after determining his continuation in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that on June 6, 2014, a report with the Alamo Heights Police Department was filed alleging that Dr. Briones had initiated and nurtured a sexual relationship with a patient. Physical evidence, including videos, emails, and texts messages, demonstrate there was a sexual relationship. Dr. Briones continued to communicate with the patient via email and attempted to persuade her to not participate in the Board proceedings. On December 30, 2014, Dr. Briones sent an email to the patient threatening to report her to her professional licensing board should she continue to participate in the proceedings against him at the Board. The temporary suspension remains in place until the Board takes further action.

Here is a previous local TV news report

Johnson & Johnson pleads guilty, pays $25M tied to metal-tainted Children's Tylenol

Via this report on the Fierce Pharma Website

Johnson & Johnson's ($JNJ) McNeil Consumer Healthcare may have cleaned up its act over the past 6 years, but the company is again being bit in the behind by the problems that sprung from the mess that its OTC plant in Pennsylvania once was. The company has pleaded guilty to a federal misdemeanor charge and will pay a $20 million fine and forfeit another $5 million for allowing Infants' Tylenol, Children's Tylenol and Children's Motrin products into the market that were tainted with metals.

The plea agreement announced by Justice Department and FDA officials today stemmed from a complaint that McNeil's plant in Fort Washington, PA, received May 1, 2009, that there were black specks in some of its children's pain medicines. But instead of starting an investigation to find out why, Johnson & Johnson ($JNJ) let it slide, according to the DOJ release.

The particles were later determined to be "nickel/chromium-rich inclusions" and not ingredients that should have been in the products taken by children throughout the world, court records indicate. The FDA would later get from McNeil a list of 30 OTC drug batches with "non-conformances for particles" that occurred in roughly a year's time. In April 2010, McNeil recalled all lots of certain unexpired OTC drugs made for infants and children that it had shipped worldwide.

A proposed settlement in the class action lawsuit vs psychiatric facilities SLS Residential Inc., SLS Health, Inc., SLS Wellness, Inc., Supervised Lifestyles, Inc. in the state of New York

As seen in this PDF from the website of Sussman & Watkins

An important point is that it is highly recommended that any claims be submitted by the end of next week, the 13th of February 2015

NOTICE OF CLASS ACTION SETTLEMENT (Romano, et al. v. SLS Residential, Inc., et al.; No. 07cv2034 (MHD))

A proposed settlement has been reached between the plaintiff class and the SLS defendants in this class action lawsuit.

You are receiving this notice and the attached Claims Form because you were previously identified as a member of the class. The terms of the proposed settlement are as follows:

• A total Settlement Amount of $3,000,000 (Three Million Dollars) distributed as follows:

• Payment of a total of $1,929,000 to 269 class members. Individual awards are based on length of stay at SLS during the class period (July 1, 2004 - May 31, 2006).
• Payment of $108,000 in service awards to class member deponents;
• Payment of $150,000 service/incentive award to the class representative;
• Payment of $740,000 in attorneys' fees to Sussman & Watkins;
• Payment of $58,500 to Sussman & Watkins for out-of-pocket costs;
• Reserve fund of $14,500.

There are 269 class members. Individual settlement awards range from $500 to $17,000. The amount you receive is based on the length of time you were at SLS client during the class period of July 2004-May 2006. In addition, more weight has been given for periods in which class members resided in the Multicare houses or PAT townhouses than for time spent in the SDL apartments or Case Management. A copy of the Settlement Agreement and the plaintiffs' legal brief requesting that the Court approve the Settlement is available at the website of Sussman & Watkins, which is www.sussmanwatkinslaw.com
To the extent that any of the 269 class members exclude themselves from this settlement or do not submit claims forms after the final deadline, their unclaimed settlement awards will be aggregated and distributed to the remaining class members. That means that you may receive a second payment several months after the first, but the size of that payment will not be able to be determined until after the final deadline for submitting claims forms.

For instructions on submitting a claim, or if you want to object to, or exclude yourself from, this proposed settlement, [...] (or) For all questions about the Settlement, you may contact Class Counsel at:

Sussman & Watkins
PO Box 1005
1 Railroad Ave.
Goshen, NY 10924
(845) 294-3991
Michael Sussman: sussmanl@frontiernet.net
Christopher Watkins: chris_sussmanl@frontiernet.net

Once you have completed the Claims Form, mail it back to Sussman & Watkins. The initial deadline to mail back your Claims Form is February 13, 2015. There will be a second chance for Class Members to submit Claims Forms after the Court gives final approval of the settlement, but you should get your Claims Form in now to avoid any problems regarding your claim. If you lose or misplace your Claims Form, you should contact Sussman & Watkins for a new one.

Timing of Settlement Payments: The settlement funds will be distributed within thirty days or so after the Court has given its final approval of the settlement. Currently, the Fairness Hearing for the judge to make that determination is scheduled for February 24, 2015 at 10:00 a.m., but it may be adjourned or continued. You can check the website of Sussman & Watkins (www.sussmanwatkinslaw.com) for updates regarding the status of the settlement, including notification of when the judge has given final approval of the settlement and the anticipated date settlement awards will be mailed to class members who submitted Claims Forms

As seen here (PDF) New York State had ordered Putnam mental-health company SLS to giveup permits to operate

The state has ordered a private Putnam County-based mental-health provider that treats teens and young adults to surrender its operating certificates after the mental-health commissioner upheld charges that the for-profit facility violated patients' rights and ignored state regulations.

More information here on the fallout from the state shutdown

A Putnam County-based, for-profit mental health provider that treats teens and young adults lost its latest legal battle when an appellate court upheld the state mental health commissioner's decision to revoke its operating certificates because it violated patients' rights and ignored state regulations.

The state OMH is already moving toward shutting down the 20-year-old company.

"We are gratified by the decision of the Appellate Division, Second Department, which unanimously upheld the (OMH) commissioner's final determination revoking all three operating certificates," Leesa Rademacher said in a statement. "OMH will immediately begin working cooperatively with SLS to (ensure) that all patients currently being served by the programs will be transitioned to appropriate care settings."

[...]

Pleasantville resident Glen Feinberg, an attorney who has alleged his son received abusive treatment while an SLS patient, said he does not think it can successfully appeal the latest ruling.

"The courts are not likely to overturn the unanimous ruling upholding OMH's determination that SLS lacks the character and competence to operate a licensed facility in New York state," Feinberg wrote in an email Tuesday.

South Carolina pays $1.2 million in lawsuit over mentally ill inmate who died

From this Report from channel WLXT 19

much more information and details at the link

The state has paid $1.2 million to the estate of an inmate with mental retardation who died in 2008 after being kept naked for 11 days in solitary confinement and developing hypothermia.

Records from the state Insurance Reserve Fund also show the state paid an additional $199,000 to its private lawyers in the case, which was cited last year by former state Circuit Judge Michael Baxley in his landmark, 45-page order finding the state Department of Corrections had violated the rights of inmates with severe mental illness.

The estate of Jerome Laudman sued individual officers in the case in federal court and filed suit against the prison system in state court. Both cases were settled last year, records show, with the federal suit being dismissed and the state agreeing to pay $1.2 million in the state case.

"We settled the case for 1.2 million," Corrections Director Bryan Stirling said. "Corrections continues to make significant changes and improvements for the safety and security of officers and staff, inmates and the community."

Sen. Mike Fair of Greenville, chairman of the Senate Corrections and Penology Committee, said of the settlement that "$1.2 million doesn't bring this man back to life. ... (But) hopefully the family can have closure on that."

Scott Evans, a lawyer for the Laudman estate, said the family of Laudman feels the settlement was a fair one. He said the maximum amount that can be paid in a state medical negligence claim in South Carolina is $1.2 million. He said $600,000 is the limit for a wrongful death claim and $300,000 for other types of claims.

[...]

When an investigator looked at the videotape of the transfer of Laudman, he noted that it contained only a few minutes of footage before it went blank, according to the internal report.

The cell was bare, with a concrete pad for sleeping and no blanket, according to the suit. The lawsuit alleges that the entire area was cold and there were problems with the heating system.

Laudman was stripped of all "basic necessities," according to the lawsuit, including mattress, sheets, socks, shoes, underwear and uniform." He also wasn't provided access to his medication while in the Supermax cell, according to the suit.

Four days after Laudman was placed in his new cell, an officer noticed that he was sitting and stooped over "like he was real weak or sick," according to the internal investigative report.

The officer also noted that food trays were piled up near the door, Laudman was naked and the room was bare. The officer didn't report what he saw, according to the report, because when he brought up issues in the past he was told to "leave it alone."

[...]

The Top Ten Reasons Psychiatrists Get Sued

This is the text of a paper/talk presented at a conference on medical malpractice in Texas in 1993, and is focused on Texas Law.

How I Decided to Sue You: Misadventures in Psychiatry

It is an interesting read, but is 24 pages long, including cover sheet, etc.

As a quick summary, The top ten reasons psychiatrists get sued are

A. Failure to Prevent Suicides or Self Inflicted Injuries
B. Sex with the Sick
C. Informed Consent (or lack thereof)
D. Inappropriate Administration of Electro Convulsive Therapy
E. Inappropriate Use or Non Use of Physical or Chemical Restraints
F. Liability for Locking Them Up
G. Injuries Resulting from Escapes or Elopements
H. Medication Errors
I. Failure to Diagnose Intracranial Lesions
J. the Psychiatrist Duty to Warn Third Persons

Overall, an interesting read. This is a PDF Document

Lawsuit: Priest's therapist molested boy

Report From the Boston Globe

The church therapist who treated a Vermont Roman Catholic priest accused of molesting boys later became the target of a Massachusetts lawsuit alleging he, too, engaged in sex acts with a boy for nine years, beginning when the boy was 9.

The Rev. Thomas Kane of Whitinsville, Mass., was executive director of the House of Affirmation in Whitinsville. That's where the Diocese of Burlington sent the Rev. Edward Paquette to be treated after learning Paquette had molested two boys in Rutland.

Court papers in Vermont and Massachusetts indicate the dates of Kane's alleged abuse of the Uxbridge, Mass., boy -- 1968 to 1977 -- coincide with the period from 1974 to 1978 that Paquette was being treated, for much of the time via monthly visits, at the House of Affirmation.

There's no evidence that officials in the Vermont diocese, including then-Bishop John Marshall, were aware of Kane's alleged sexual misconduct during the period he was providing therapy to Paquette.

Kane's alleged victim filed suit in Suffolk County Superior Court in Boston in 1993; the case settled out of court two years later for $42,500. The Associated Press does not identify alleged victims of sexual abuse.

Nineteen lawsuits have been filed in Vermont alleging that Paquette molested boys while serving as a priest in Burlington, Montpelier and Rutland in the 1970s. Four have ended with jury verdicts or been settled out of court and 15 are pending.

Church records in Vermont show that Marshall knew Paquette had a history of molesting boys at parishes in Massachusetts and Indiana, but allowed him to join the Vermont diocese after being told by a church psychiatrist in Indiana that Paquette's problem had been cured.

Kane also provided a positive review of Paquette's progress in therapy. "It is my opinion that Father Paquette should return as soon as possible to a parish setting and observe the signals of caution which we have discussed," Kane wrote to Marshall on Nov. 6., 1974.

Another exchange of letters between Kane and Marshall in 1978 showed new allegations of sexual misconduct were being directed at Paquette.

Marshall wrote to Kane that he was considering leaving Paquette in his role as parish priest at Christ the King Church in Burlington despite the new allegations.

"Despite the demands of two sets of irate parents that 'something be done about this,' Father Paquette's pastor and I are determined to take the risk of leaving him in his present assignment," Marshall wrote to Kane on April 4, 1978.

"Our thinking is that, knowing the awareness of others concerning his problem, Father Paquette will have reason for 'self control'," the bishop added. "Do you agree with this thinking?"

Kane replied, "I do agree with your thinking. I do not believe it is 'too risky' to leave Father Paquette in his present assignment but, of course, can make no predictions."

Later that month, increased pressure from parents in the parish forced Marshall to change his mind. He wrote to Kane, "The situation had become so explosive that I had no other recourse but to ask Father Paquette to leave the parish immediately."

No telephone listing could be found Sunday for Edward Paquette at his last known address in Westfield, Mass. A message left at the headquarters of the Diocese of Worcester, which includes Whitinsville, was not immediately returned Sunday. News reports from 2002 placed Kane in Mexico.

New York psychiatrist settles malpractice lawsuit

As reported in News Day

A former psychiatrist who confided to a patient that he wanted to kill six people, and asked the patient to help him find a handgun, has settled a medical malpractice lawsuit with the man.

Richard Karpf agreed to pay $365,000 to Dennis White, a former patient who called police in January 2003 telling them of Karpf's intentions. The settlement came Monday, while a Nassau County jury was in its second day of deliberations in the civil lawsuit.

Karpf was arrested after purchasing a pistol and silencer from someone who turned out to be an undercover officer. He pleaded guilty in 2004 to illegal weapon possession and was sentenced to three months in jail. He remains on probation through next year.

Attorneys for both sides said they were satisfied with the settlement.

An Eli Lilly secret memo was accident sent to a NY Times reporter

As Reported on Portfolio.com

When the New York Times broke the story last week that Eli Lilly & Co. was in confidential settlement talks with the government, angry calls flew behind the scenes as the drug giant's executives accused federal officials of leaking the information.

As the company's lawyers began turning over rocks closer to home, however, they discovered what could be called A Nightmare on Email Street, a pharmaceutical consultant told Portfolio.com. One of its outside lawyers at Philadelphia-based Pepper Hamilton had mistakenly emailed confidential information on the talks to Times reporter Alex Berenson instead of Bradford Berenson, her co-counsel at Sidley Austin.

Oops. If and when it settles with the government on the allegations that it had improperly marketed its most profitable drug, Zyprexa, for schizophrenia, it would certainly want to announce the news on terms carefully negotiated in order to create the least possible damage.

No such luck this time.

Therapist Constance Reynolds agrees to pay $800,000 settlement in damages

A followup to an earlier report. From the Billings Gazette

A district judge on Thursday approved an $800,000 settlement agreement in a lawsuit filed by a Billings woman against her daughter's psychologist.

Judge Susan Watters said the settlement amount was reasonable considering the damages that Betty Bowman suffered from her family's association with Constance Reynolds, a therapist whose license was revoked in 2004.

Bowman's daughter, Dana Mobley, was a client of Reynolds when the two became lovers. Mobley later died while living with Reynolds.

After the hearing Thursday, Bowman said the settlement brings little relief to a difficult period in her life. Her daughter died in February 2004, and her husband died six months later. She filed the lawsuit against Reynolds in 2005.

"It's hard," Bowman said outside the courtroom. "Losing my whole family and being financially embarrassed. You believe in somebody and trust somebody and then have them turn you upside down and backwards."

In the lawsuit, Bowman claimed the psychologist was negligent and committed malpractice, fraud and identity theft when she began a sexual relationship with her daughter while treating her as a client. The lawsuit stated that Mobley died in part because of medications Reynolds improperly gave to her.

Reynolds, who now lives in Florida and represented herself in the lawsuit, could not be reached Thursday for comment. She did not attend the hearing Thursday.

Despite the settlement, the legal case is not over. Chicago Insurance Co., which provided Reynolds with malpractice insurance, has filed a federal lawsuit against both Reynolds and Bowman, stating that Reynolds' policy does not cover the claims made by Bowman against Reynolds.

Bowman's attorney, Brad Arndorfer, said a judge is expected to rule on the issue early next year.

Reynolds was sued by two other Billings residents, Kelli Van Laanen and Kay Easterling. The women accused Reynolds in separate lawsuits of professional malpractice.

Easterling was in a relationship with Mobley when Mobley and Reynolds began dating. Easterling's lawsuit was settled last year; terms of the settlement were not disclosed.

Van Laanen's case was recently resolved with an agreement by Reynolds to pay Van Laanen $100 a month for three years. If Reynolds fails to make the payments, the agreement states, Van Laanen can seek to collect $80,000 in damages.

Befoare the lawsuits were filed, a state administrative law judge found that Reynolds had an inappropriate relationship with Mobley and recommended the psychologist lose her state license. The Montana Board of Psychology unanimously followed the recommendation in June 2004.

At the hearing Thursday, Missoula psychologist Janet Allison testified by telephone that Reynolds violated her ethical duties to Bowman, who she said trusted Reynolds to care for her daughter.

In a report prepared last year, Allison described Reynolds' actions as "a tragic example" of the harm an unethical psychologist can cause.

"In my three decades of work in the field, I have never seen a more egregious case of professional violations of ethics or of damage inflicted on clients by a psychologist," Allison wrote.

Bowman testified Thursday that she deeded a house to Reynolds so Reynolds and her daughter would have a safe home to share. Reynolds then took out a mortgage on the home, Bowman said, and never paid her the full price of the house.

Bowman said she loaned Reynolds $10,000 on one occasion and was not repaid, and Reynolds used her credit cards without her permission or knowledge. One credit card debt grew to $13,000, Bowman said, and her credit rating was destroyed as a result.

Bowman told the judge that her husband died six months after her daughter. Although he suffered a terminal illness, Bowman said she believes her daughter's death hastened her husband's death because the two were very close.

After the hearing, Bowman said she still believes Reynolds played a role in her daughter's death, but no criminal investigation was ever conducted. An autopsy found that Mobley died of asphyxiation while heavily drugged.

Arndorfer represented all three women in their lawsuits against Reynolds. He said Reynolds is not practicing psychology in Florida, but may be working as a teacher.

Therapist to pay $800,000 in damages

Another case where the penalty is possible not heavy enough. From the Billings Gazette.

A district judge on Thursday approved an $800,000 settlement agreement in a lawsuit filed by a Billings woman against her daughter's psychologist.

Judge Susan Watters said the settlement amount was reasonable considering the damages that Betty Bowman suffered from her family's association with Constance Reynolds, a therapist whose license was revoked in 2004.

Bowman's daughter, Dana Mobley, was a client of Reynolds when the two became lovers. Mobley later died while living with Reynolds.

After the hearing Thursday, Bowman said the settlement brings little relief to a difficult period in her life. Her daughter died in February 2004, and her husband died six months later. She filed the lawsuit against Reynolds in 2005.

"It's hard," Bowman said outside the courtroom. "Losing my whole family and being financially embarrassed. You believe in somebody and trust somebody and then have them turn you upside down and backwards."

In the lawsuit, Bowman claimed the psychologist was negligent and committed malpractice, fraud and identity theft when she began a sexual relationship with her daughter while treating her as a client. The lawsuit stated that Mobley died in part because of medications Reynolds improperly gave to her.

Reynolds, who now lives in Florida and represented herself in the lawsuit, could not be reached Thursday for comment. She did not attend the hearing Thursday.

Despite the settlement, the legal case is not over. Chicago Insurance Co., which provided Reynolds with malpractice insurance, has filed a federal lawsuit against both Reynolds and Bowman, stating that Reynolds' policy does not cover the claims made by Bowman against Reynolds.

Bowman's attorney, Brad Arndorfer, said a judge is expected to rule on the issue early next year.

Reynolds was sued by two other Billings residents, Kelli Van Laanen and Kay Easterling. The women accused Reynolds in separate lawsuits of professional malpractice.

Easterling was in a relationship with Mobley when Mobley and Reynolds began dating. Easterling's lawsuit was settled last year; terms of the settlement were not disclosed.

Van Laanen's case was recently resolved with an agreement by Reynolds to pay Van Laanen $100 a month for three years. If Reynolds fails to make the payments, the agreement states, Van Laanen can seek to collect $80,000 in damages.

Befoare the lawsuits were filed, a state administrative law judge found that Reynolds had an inappropriate relationship with Mobley and recommended the psychologist lose her state license. The Montana Board of Psychology unanimously followed the recommendation in June 2004.

At the hearing Thursday, Missoula psychologist Janet Allison testified by telephone that Reynolds violated her ethical duties to Bowman, who she said trusted Reynolds to care for her daughter.

In a report prepared last year, Allison described Reynolds' actions as "a tragic example" of the harm an unethical psychologist can cause.

"In my three decades of work in the field, I have never seen a more egregious case of professional violations of ethics or of damage inflicted on clients by a psychologist," Allison wrote.

Bowman testified Thursday that she deeded a house to Reynolds so Reynolds and her daughter would have a safe home to share. Reynolds then took out a mortgage on the home, Bowman said, and never paid her the full price of the house.

Bowman said she loaned Reynolds $10,000 on one occasion and was not repaid, and Reynolds used her credit cards without her permission or knowledge. One credit card debt grew to $13,000, Bowman said, and her credit rating was destroyed as a result.

Bowman told the judge that her husband died six months after her daughter. Although he suffered a terminal illness, Bowman said she believes her daughter's death hastened her husband's death because the two were very close.

After the hearing, Bowman said she still believes Reynolds played a role in her daughter's death, but no criminal investigation was ever conducted. An autopsy found that Mobley died of asphyxiation while heavily drugged.

Arndorfer represented all three women in their lawsuits against Reynolds. He said Reynolds is not practicing psychology in Florida, but may be working as a teacher.

Former head of McLean Psychiatric Hospital permanently surrenders Massachusetts medical license

Via the Worcester Telegram and Gazette

The former president of McLean Hospital, who acknowledged to regulators in his home state of New York that he had inappropriate sexual contact with a patient, has permanently surrendered his right to practice medicine in Massachusetts, the state Board of Registration in Medicine said Wednesday.

Dr. Jack Gorman, 55, a well-known psychiatrist, abruptly resigned his post at the prestigious psychiatric hospital in suburban Belmont in May 2006 after only four months on the job. At the time, he said he was resigning for personal and medical reasons.

Last month, Gorman signed a consent decree with regulators in his home state of New York, admitting he was negligent when he had inappropriate sexual contact with a female patient on more than one occasion. Officials in New York did not release details, citing confidentiality laws. The Boston Globe has reported the relationship was with a patient at his practice in New York.

Gorman's New York attorney, Anthony Scher, did not immediately return a call seeking comment Wednesday night. Gorman has said in a statement to the Globe he has taken responsibility for his conduct and hopes to continue to make contributions to the field of psychiatry.

Under the New York order, Gorman can request that his license there be reinstated after six months. If his license is restored, he would face five years of probation under the supervision of another doctor.

Gorman's Massachusetts license expired in September 2006. His decision to resign his right to renew it permanently removes him from practice in the state, the board said.

Before taking the job at McLean, Gorman became known at Mount Sinai School of Medicine in New York City as a leading researcher on anxiety disorders, depression and schizophrenia. He received his medical license in New York in 1978.

Bristol-Myers to pay $515,000,000,000 fine

Via the BBC and other news outlets

US drugmaker Bristol-Myers Squibb and a subsidiary have agreed to pay more than $515m (£251.7m) to settle allegations of marketing certain drugs illegally.

The fines issued by the US Department of Justice mark the end of a probe into the firm's drug pricing practices that began a number of years ago.

[...]

The US DoJ concluded on Friday that the company and a wholly-owned subsidiary called Apothecon had used incentive schemes to encourage doctors and wholesalers to stockpile their drugs and so help Bristol-Myers achieve its sales targets.

This included maintaining "fraudulent and inflated" prices for a wide range of cancer and generic drugs knowing that federal health care programmes established reimbursement rates based on those prices.

Bristol-Myers was also accused of knowingly misreporting its best price for the anti-depression drug Serzone to Medicaid, the government-backed health insurance scheme.

In addition, the DoJ claimed that the company had promoted the use of the treatment-specific anti-psychotic drug Abilify to a wider client base than recommended by the Food and Drug Administration.

"Patients are entitled to unbiased decision-making from their physicians and should not have to worry that financial inducements or lavish entertainment have influenced their physicians' prescribing choices," said Michael Sullivan, the US attorney in Boston.

As part of the settlement, Bristol-Myers said it had entered into a five-year "corporate integrity agreement" with the government healthcare regulator, the Office of the Inspector General of the Department of Health and Human Services.

The agreement is designed to ensure the company adheres to its compliance programs relating to its US pharmaceuticals business.

Did your child take Paxil? Get a refund.

From the Paxil Payback Website

If you ever purchased the antidepressant Paxil or Paxil CR for your child or ward, then you are entitled to recover the money you spent on the drug.

You are entitled to this money if:

• you live in the U.S. and
  
• you purchased Paxil or Paxil CR for someone under the age of 18.

If you qualify, you MUST fill out a claim form and mail it to the Paxil Pediatric Settlement Administrator in order to receive compensation. The claims must be received by August 31, 2007.

SUBMIT A CLAIM TO RECEIVE THE BENEFITS YOU DESERVE

---

If you do not have receipts from the Paxil or Paxil CR purchases:

You may receive up to $100.

SUBMIT A CLAIM

---

If you do have receipts from the Paxil or Paxil CR purchases:

You may receive up to the entire amount of money you spent purchasing Paxil or Paxil CR for someone under the age of 18.

SUBMIT A CLAIM.

Be sure to follow the claim form's instructions: attach copies of your receipts or records to document how much you spent on Paxil or Paxil CR.

---

FOR CLAIM FORMS WHERE STATED, GO TO THIS URL WHERE THEY CAN BE DOWNLOADED in PDF format:

www.paxilpayback.org/

CLAIM FORMS MUST BE RECEIVED BY PAXIL PEDIATRIC SETTLEMENT ADMINISTRATOR by 31st AUGUST 2007

---

See also this nifty video on YouTube

Description

Lost and confused, Collin doesn't know which way to turn. He personifies why a major drug company was sued and why $48 million is waiting to be claimed by parents of kids who took the anti-depressant PAXIL. Most people don't even know about the lawsuit OR the fact that they may be entitled to a refund. For a short time, the maker of Paxil is paying parents. Learn more at www.paxilpayback.org and spread the word

Eli Lilly Settles 900 Zyprexa Claims

As seen in FDA News

Eli Lilly said it has reached settlement agreements that will resolve approximately 900 lawsuits over its schizophrenia and bipolar disorder drug Zyprexa. This includes four cases that were scheduled for trial in July, the company said.

At the beginning of January, Eli Lilly said it could spend as much as $500 million to settle most of the remaining product liability claims over its antipsychotic Zyprexa (olanzapine). The company estimated then that more than 18,000 claimants had settled, leaving approximately 1,200 claims outstanding, against which it said it would “continue to vigorously defend” itself.

Eli Lilly also said that survey results showed that “fears raised by product liability litigation involving antipsychotic drugs may be putting patients with schizophrenia and bipolar disorder at risk for relapse.”

According to the company, the survey, which polled among 402 psychiatrists who treat patients with schizophrenia and bipolar disorder, showed that even when patients were responding well to their prescribed antipsychotic treatment, many requested a medication change or stopped taking their medication, often without telling their psychiatrists, “because these drugs are featured in law firm advertisements.”

Settlement Reached As Trial Nears In Psychologist Romance Case

From WCSH 6 in Vermont

New Hampshire woman has settled a lawsuit she filed accusing her psychologist of initiating a romantic relationship.

The details of the settlement between therapist Monica Descamps of Norwich, Vermont, and Jill Davis of New Hampshire were not released.

Jury selection in federal court in Burlington had been scheduled to begin Tuesday.

Davis sued her former therapist in May 2006.

In her lawsuit, Davis said she sought counseling with Descamps in February 2003, which lasted until February 2004. At that point the psychologist ended counseling and initiated a romantic relationship with Davis, which lasted nine months.

In court papers, Descamps acknowledged the improper conduct

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Lawsuit against psychologist settled on eve of trial

via WCAX-TV in Vermont

A lawsuit against a Norwich psychologist accused of initiating a nine-month affair with a former patient was settled days before it was to go to trial.

The details of the settlement between Norwich therapist Monica Descamps and Jill Davis of New Hampshire were not released.

Jury selection in federal court in Burlington had been scheduled to begin Tuesday.

Davis sued her former therapist in May 2006.

In her lawsuit, Davis said she sought counseling with Descamps in February 2003, which lasted until February 2004. At that point the psychologist ended counseling and initiated a romantic relationship with Davis, which lasted nine months.

In court papers, Descamps acknowledged the improper conduct.

Settlement in psychiatric care lawsuit

A man seeks help, and doesn't get it. From the Herald Online in Rock Hill, SC

The family of a Rock Hill man who killed himself after being denied admission to Piedmont Medical Center will receive $1 million from the hospital in a lawsuit settlement, according to court documents.

Swain Walter Wright Jr., a 71-year-old father of two, was homicidal and suicidal in December 2001 when he twice sought admission to the psychiatric unit at PMC, the lawsuit says. He hung himself from a tree in his back yard, according to the lawsuit.

Wright's family sued Tenet Healthcare, the parent company of Piedmont Medical Center; Amisub of South Carolina, which does business as Piedmont Medical Center; Dr. Bruce H. Lobitz; and Lynn Murphy, a registered nurse and an employee of Amisub.

Tenet Healthcare and Lobitz later were dropped from the suit.

Amisub, a subsidiary of Tenet Healthcare, will pay $1 million, according to the suit, filed by attorneys Joey Wright and Johnny Felder.

"The family hopes that the tragic loss of their father will cause changes to be made regarding admission of psychiatric patients seeking help at the emergency room of Piedmont Medical Center so that this does not happen to anyone else," Wright said.

Swain Wright had struggled with the death of his wife of 38 years and his retirement after 40 years with Rock Hill Printing & Finishing Co., Joey Wright said.

"He had never had any psychiatric problems," Joey Wright said. "It is felt that if Mr. Wright had received appropriate counseling, he would have been able to deal with his problems."

Charles Miller, PMC's chief executive officer and president, referred questions to Spartanburg attorney Billy Gunn. He could not be reached for comment.

At issue in the lawsuit was Swain Wright's request for treatment in PMC's psychiatric unit. [...]

The suit is the second one settled by the hospital since March 19. The family of Herbert Cogan received $1.77 million in a wrongful death lawsuit after he was given the wrong drug because of a doctor's error.

Illinois judge approves $64,000,000 settlement over drug Paxil

Via Forbes online

Parents who bought the antidepressant Paxil for their children can begin seeking reimbursements under a $64 million class-action deal settling claims that the drug's maker misled consumers about the medication's safety.

Under the deal, announced in April and granted final approval last week by a judge in Madison County, Ill., parents with proof that they bought GlaxoSmithKline (nyse: GSK - news - people ) PLC's Paxil and Paxil CR, a controlled-release version of the drug, can recoup out-of-pocket expenses.

Parents who no longer have pharmacy records or receipts can get up to $100 refunded by signing a claim form that carries penalties for lying.

In settling the 2004 lawsuit, Britain-based GlaxoSmithKline denies claims it promoted the drug to children while withholding information about negative side effects, including increased suicidal behavior.

"We believe we were responsible and admitted no wrongdoing," Mary Anne Rhyne, a U.S. spokeswoman for the company, said Thursday. "This case was settled to bring closure."

Plaintiffs' attorneys can claim more than $16 million in fees, which will be deducted from the settlement fund, with the remaining money available for payments to consumers.

The settlement does not require GlaxoSmithKline to notify those who may be eligible for reimbursement. Any money left over in the settlement fund is to be returned to the company.

Anyone with a personal injury claim, including the parents of teenagers who killed themselves while taking Paxil, still can sue GlaxoSmithKline, as can insurers and governmental agencies who actually paid the bulk of the money.

In a letter to doctors last year, GlaxoSmithKline and the Food and Drug Administration warned that clinical trial data on nearly 15,000 patients revealed a higher frequency of suicidal behavior in young adults treated with Paxil. The FDA reported 11 suicide attempts - none of which resulted in death - among patients given Paxil in the trials. Just one of the patients who took a placebo attempted suicide.

Given that small number, the FDA said the results "should be interpreted with caution." The trial patients suffered from psychiatric disorders, including major depression.