PsychRights
                   Law Project for
              Psychiatric Rights

United States ex rel Law Project for Psychiatric Rights v. Matsutani, et al.
US District Court, District of Alaska, Case No. 3:09-cv-0080-TMB  
consolidated with
United States ex rel Daniel Griffin v. Martino, et al.
US District Court, District of Alaska, Case No. 3:09-cv-00246

For background see, PsychRights' Medicaid Fraud Initiative Against Psychiatric Drugging of Children & Youth and PsychRights' Rule 26(f) Conference Memorandum.

On September 24, 2010, this case was dismissed under what is known as the "Public Disclosure Bar" on the grounds government officials already know about the industry-wide fraud and are allowing it to continue. 

[T]he Government already "has pursued False Claims Act cases and achieved extremely large recoveries against drug companies for causing the presentment of claims to Medicaid for prescriptions of psychotropic drugs that are not for medically accepted indications, including Geodon and Seroquel for use in children and youth." Thus, . . . the Government already knows about the conduct . . . .

Page 21 of Order Granting Defendant's Motion to Dismiss Under Rule 12(b)(1)

PsychRights believes the judge misinterpreted the law and appealed.  One of the reasons Congress passed the False Claims Act allowing private parties to sue on behalf of the government to recover for fraud was to address the problem of federal officials refusing to stop fraud against the government.   However, on October, 25, 2011, a three judge panel of the 9th Circuit affirmed the dismissal in an unpublished decision that is not supposed to be cited as precedent.  The three judge panel basically said, "If the government knows about the fraud and doesn't care, why should we?"  PsychRights filed a  Petitition for Panel Rehearing and Rehearing En Banc, which was denied on December 2, 2011.

Public Disclosure Bar Appeal
Ninth Circuit Case No. 10-35887
Docket Sheet


Trial Court
Docket Sheet

By Topic

Complaint 

Public Disclosure Bar

12(b)(6) Motion  

 Particularity Motion

 State of Alaska Officials' 12(b)(6) Motion

PsychRights' Motion for Preliminary Injunction

First to File (in Griffin Case).  The only new issue in these pleadings is what is known as the "First to File" rule.

Motion for Attorney's Fees

Chronological

Dkt No. Defendant(s)  Amount 
175 Central Peninsula Counseling Services  $      9,840.00
176 Southcentral Foundation  $    49,199.26
177 Northstar, et al.  $    31,044.00
178 Bartlett, et al.  $    65,698.75
179 Matsutani/Providence  $    42,481.60
180 Ozer  $    11,782.00
180 Phillips  $    11,115.00
181 Martino/Rothrock/FbksNeuropsych  $    16,713.50
182 Curtiss/Clark  $    10,984.75
184 Anchorage Community Mental Health Services  $    23,662.00
186 Denali Family Services  $    50,003.05
  Total  $  322,523.91

Other Information