PsychRights: Jim Gottstein

Law Project for Psychiatric Rights: PsychRights

James B. (Jim) Gottstein
(President)
Curriculum Vitae

Jim Gottstein Photo Jim Gottstein grew up in Anchorage, Alaska. After graduating from West Anchorage High School in 1971, he attended the University of Oregon and graduated with honors (BS, Finance) in 1974. From there he attended Harvard Law School graduating in 1978 with a J.D. degree. In late 2002, Mr. Gottstein founded the Law Project for Psychiatric Rights (PsychRights) whose mission is to mount a strategic litigation campaign against forced psychiatric drugging and electroshock across the United States. Jim has made addressing the alarming and horrific increase in the psychiatric drugging of children and youth a high priority. In 2009, PsychRights launched its Medicaid Fraud Initiative Against Psychiatric Drugging of Children & Youth with its model complaint to sue psychiatrists, their employers and pharmacies for Medicaid Fraud because prescriptions of psychiatric drugs used on children that are not for a medically accepted indication (off-label and not supported by any of the drug references known as "compendia") are not covered under Medicaid. In August of 2013, the United States Court of Appeals for the Seventh Circuit decided United States v. King-Vassel, confirming that doctors writing such prescriptions cause false claims (Medicaid Fraud).

In June of 2006, the Alaska Supreme Court decided Myers v. Alaska Psychiatric Institute, which ruled Alaska's forced drugging procedures unconstitutional, requiring the state prove by clear and convincing evidence the forced drugging is in the person's best interest and there is no less intrusive alternative.. Myers has been called "the most important State Supreme Court decision" on forced drugging in 20 years. Mr. Gottstein has won four other Alaska Supreme Court cases since then. Wetherhorn v. Alaska Psychiatric Institute, decided in 2007, held Alaska's involuntary commitment statute unconstitutional to the extent that someone could be committed for being gravely disabled without the state proving the person is unable to survive safely in freedom. Wayne B. v. Alaska Psychiatric Institute, decided in 2008, ruled the State could not dispense with the requirement of a transcript when involuntary commitment and forced drugging cases are referred to a master for hearing and recommendations. Bigley v. Alaska Psychiatric Institute, decided in 2009, held on constitutional grounds that (a) if there is a less intrusive alternative that is "feasible" for the state to provide, it must provide it or let the person go, (b) a petition for forced drugging must include information about the patient’s symptoms and diagnosis; the medication to be used; the method of administration; the likely dosage; possible side effects, risks and expected benefits; and the risks and benefits of alternative treatments and nontreatment, and (c) the hospital must give the person's lawyer their medical chart sufficiently in advance to allow for adequate preparation. In January of 2016, the Alaska Supreme Court decided In the Matter of Heather R., holding, based on statute, it was improper to order Heather to be picked up for an involuntary psychiatric evaluation without the Court first interviewing Heather, if it was reasonably possible.

Mr. Gottstein is most known around the US and internationally for subpoenaing and releasing the Zyprexa Papers in late 2006, resulting in a series of New York Times articles and an editorial calling for a Congressional investigation. In January of 2009, Eli Lilly pled guilty and agreed to pay $1.4 Billion in civil and criminal fines for the activities revealed by the Zyprexa Papers. In 2020, Jim published his book, The Zyprexa Paper giving a first-hand account of what really happened, including his battles on behalf of Bill Bigley, the psychiatric patient whose ordeal made possible the exposure of the Zyprexa Papers.

Mr. Gottstein also devoted considerable time trying to make alternatives to psychiatric drugs available in Alaska through Soteria-Alaska, and CHOICES, Inc. See, Report on Multi-Faceted Grass-Roots Efforts To Bring About Meaningful Change To Alaska's Mental Health Program for a description of these efforts.

Jim's mental health work has included:

Co-founding the Law Project for Psychiatric Rights (PsychRights) in 2002. Jim is currently president.
Serving on the board of directors of the International Society for Ethical Psychology and Psychiatry, formerly known as International Center for the Study of Psychiatry and Psychology (ISEPP) since 2006.
Serving on the board of directors of the National Association for Rights Protection and Advocacy (NARPA) from 2005 through 2012, including as president in 2006 and 2007 and then treasurer.
Co-founding Soteria-Alaska, Inc., in 2003, to provide a non-coercive and mainly non-drug alternative to psychiatric hospitalization, serving as president until November, 2007.
Co-founding CHOICES, Inc. (Consumers Having Ownership in Creating Effective Services) in 2003 to provide peer-run, alternative services, especially the right to choose not to take psychiatric drugs, serving as president until November, 2007.
Co-founding Peer Properties, Inc., in 2002, to provide peer (mental health consumer) run housing for people diagnosed or diagnosable with serious mental illness who are homeless, at risk of homelessness, or living in bad situations. Jim left the board in May of 2010.
Serving on the Alaska Mental Health Board (AMHB), the statewide planning board for Alaska's mental health program from 1998 to 2004, where, at various times, he served as chair of its Program Evaluation Committee and its Budget Committee, which made statutorily required recommendations regarding the state's mental health program budget.
Co-founding in 1998 and serving until 2002 on the board of directors of the Alaska Mental Health Consumer Web which provides peer-support and a drop in center for mental health consumers in Anchorage.
Co-founding Mental Health Consumers of Alaska in 1986 and serving on its board of directors for almost ten years.
Serving as plaintiffs' counsel on behalf of people diagnosed with mental disorders in Alaska in the billion dollar litigation over the state of Alaska's misappropriation of a one million acre trust granted for Alaska's mental health program. See, Mental Health Trust Lands Litigation.