The Seventh Circuit Court of Appeals yesterday rejected a lower court’s dismissal of Watson v. King-Vassel, saying that a jury is in fact sufficiently able to understand the facts of the case without the need for an expert witness. The ruling supports PsychRight’s argument that Medicaid cannot reimburse drugs prescribed for uses that are “not a medically accepted indication.” “The government has gone after and recovered billions of dollars from the drug companies for illegally pushing these drugs for use on children who are upset and acting out,” says Jim Gottstein, the attorney who handled the appeal, “but the psychiatrists are still prescribing these extremely harmful drugs to children.” The case now goes back to the lower court for trial.
Of further interest:
Seventh Circuit Rules Psychiatrists Commit Medicaid Fraud By Prescribing Psychiatric Drugs Off-Label to Children (Psychrights)
PsychRights’ Medicaid Fraud Initiative Against Psychiatric Drugging of Children & Youth