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Lawsuits
The following is a small example of legal decisions evolving from abuse in the psychiatric system.
ELECTROSHOCKLawsuits relating to ECT and the damage it causes. (also see: http://www.ect.org) Landmark decision: jury awards $635,711 damages for memory loss from electroshock Shock machine company pays up Shock therapy patients to sue
UK settlement Electric shock suit condemns hospital Woman says electric shock treatment destroyed her life Ontario lawsuit Soldier sues Nurse wins lawsuit DRUGSStewart v. The Johns Hopkins Hospital: A 21-year-old student was prescribed the antidepressant Desipramine for “depression.” The doctor failed to monitor the level of the drug in her blood and she subsequently developed cardiac problems, collapsed and died. Her surviving family was awarded $2.5 million (€1.9 million). Weaver v. Myers: A 26-year-old man was awarded $1.5 million (€1.2 million) after being prescribed an antipsychotic that caused Tardive Dyskinesia, a side effect he had not been warned of. Muss v. Goldstein Cohen: A 43-year-old woman was misdiagnosed with bipolar and prescribed an off-label drug resulting in Stevens-Johnson Syndrome, a severe allergic drug reaction that resulted in epidermal necrosis (skin loss) and death. The jury determined that the doctor had failed to warn the patient of the side effect and, therefore, violated her informed consent, awarding $3.4 million (€2.7 million) to her surviving family. Liss v. Doeff: Elizabeth Liss, a 45-year-old factory worker, was diagnosed with “bipolar” disorder by psychiatrist Jan W. Doeff and prescribed the antipsychotic drug Risperdal as well as Lithium. Liss complained about side effects from the Risperdal, but Doeff insisted she continue it. Both Liss and her husband noticed and complained of Liss’s facial twitches, tightening of the facial muscles, pain in the neck and jaw area, and other similar symptoms. A neurologist confirmed Liss had developed Tardive Dyskinesia. Liss was awarded $6.7 million (€5.3 million). Snider v. Harding Hospital: A 35-year-old teacher was prescribed an antipsychotic drug, which caused Tardive Dyskinesia. The plaintiff did not sign any informed consent forms, nor did the medical records reflect any warnings. She was awarded $800,000 (€630,269). Mennell v. Bradley: California psychiatrist Cecil Bradley was found liable for failing to prevent a crime. For five years Bradley treated a patient who repeatedly expressed a compulsive desire to hurt others with his truck. California regulations require doctors and mental health professionals to notify the Department of Motor Vehicles when a patient is incapable of driving safely. Bradley did not do this even when the patient had used his truck to ram a vehicle in the psychiatrist’s parking lot. Eventually the patient drove up onto a sidewalk, killing one and severely injuring another. The jury found in favor of the surviving victim, awarding him over $11 million (€8.7 million) —$8.6 million (€6.8) of which Bradley was held responsible for. INVOLUNTARY COMMITMENTIn January 2004, Robert Lee Marion of Manhattan was awarded nearly $1 million in damages for being involuntarily committed to Bellevue Hospital. In 1998, Marion admitted himself to Bellevue for a minor treatment of diabetes, was told he wasn't scheduled for the operation and was involuntarily committed when he objected. On June 16, 2003, Roy E. Lund of Pennsylvania was awarded $1.1 million for being falsely imprisoned in a psychiatric facility, Northwest Medical Center in Oil City, Penns. The jury found the hospital had been “grossly negligent” in its violation of the state’s Mental Health Procedures Act, which was with reckless indifference to Mr. Lund. |
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