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According to attorney,  James B. (Jim) Gottstein, Esq.  the president and CEO of “Law Project for Psychiatric Rights,” the United States District Court for Alaska unsealed their big Medicaid Fraud case, PsychRights v. Matsutani et al., against child psychiatrist, Dr. Osamu Matsutani, other psychiatrists, mental health agencies, pharmacies, and several state officials.   

While the company name and even the title of the lawsuit appear to be a pro-psychiatric offensive case, it is anything but. In fact, the basis of the case is that it is Medicaid Fraud for psychiatrists to write off-label* prescriptions for psychiatric drugs for use in children to be billed to Medicaid unless it is "supported" by scientific evidence as cited in specified references. 

*Off-label – illegally prescribing a drug for which the drug has not been specifically approved for”

It is also Medicaid Fraud for the other types of defendants in this case who went along with the fraudulent claims being submitted to Medicaid. 

This is a pre-cursor case to PsychRights' Medicaid Fraud Initiative Against Psychiatric Drugging of Children & Youth, in which Gottstein’s group developed a Model Complaint for use by attorneys around the country as part of a strategy to stop, or at least reduce, the massive, harmful, psychiatric drugging of America's children and youth, a growing situation well documented in Kevin P. Miller’s award winning documentary film; “We Become Silent” narrated by British film and television star, David Suchet.

As noted in the lawsuit, each illegal prescription issued by a psychiatrist carries a minimum penalty of $5,500 and since most psychiatrists have written thousands of such prescriptions, they face financial ruin if they become a defendant in one of these suits.   Making psychiatrists (and other such prescribers) grasp this is one of the cornerstones in the effort to make them stop this practice.  

The lawsuit was brought under the Federal False Claims Act, also known as Qui Tam, or "whistleblower," lawsuits, because anyone with "non-public" knowledge, such as offending prescriptions, can bring such a case and share in the recovery if any.  There is comprehensive information on this at  PsychRights' Medicaid Fraud Initiative Against Psychiatric Drugging of Children & Youth.    

There are a lot of technicalities to these lawsuits and, as expected, the defendants in this case have already filed a number of motions to have the case dismissed (thrown out of court).  The group’s responses, additional motions and responses, plus the First Amended Complaint, can be downloaded from the Internet:

Complaint Versions

• Complaint,
• First Amended Complaint

Motion That PsychRights Should Be Thrown Out of Court Because Medicaid Doesn't Restricts Drug Coverage As PsychRights Says

• Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted (Rule 12(b)(6))
• Request by Providence, Matsutani, Anchorage Community Mental Health Services, Curtiss and Clark Asking the Court to Not Decide Whether What they are Doing is Medicaid Fraud
• Opposition to Motion to Dismiss for Failure to State a Claim May be Granted (Rule 12(b)(6))

Motion That PsychRights Should Be Thrown Out of Court Because the Complaint is Not Specific Enough

• Rule 9(b)Motion to Dismiss by All Defendants ("particularity")
• Opposition to Rule 9(b)Motion to Dismiss by All Defendants ("particularity")

Motion That PsychRights Should Be Thrown Out of Court Because Everyone Already Knows All This Medicaid Fraud Is Going On

• Motion to Dismiss Under Public Disclosure Jurisdictional Bar (with exhibits)  (8 Megabytes)
• Motion to Dismiss Under Public Disclosure Bar without Exhibits.
• Opposition to Motion to Dismiss Under Public Disclosure Jurisdictional Bar

Motion That PsychRights Case Against State of Alaska Officials Should Be Thrown Out of Court Because They Can Commit Medicaid Fraud With Impunity

• Motion to Dismiss by Defendants Hogan, Sandoval, McComb & Streur (Alaska State Officials)
• Opposition to Motion to Dismiss by Defendants Hogan, Sandoval, McComb & Streur (Alaska State Officials)

More About PsychRights
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.  We are further dedicated to exposing the truth about these drugs and the courts being misled into ordering people to be drugged and subjected to other brain and body damaging interventions against their will.  Extensive information about this is available on our web site, http://psychrights.org/. Please donate generously.  Their work is supported by IRS 501(c) tax deductible donations. 
For more information contact info@winhs.org