Press Release
August 29, 2003
Contact: Sheila Matthews
Parents for Label and Drug Free Education
National Vice President
FEDERAL JUDGE RULES IN MOTHERS FAVOR IN COERCED CHILD DRUGGING CASE
White Plains, New York: Federal District
Judge Conner
Motion
to Dismiss Denied.
United
States Federal Judge of the Southern District of New York, Judge William Conner,
has ruled coerced child drugging case will stay in federal court.
Senior District Judge denies motion to dismiss.
On
August 7, 2002 little 12 year-old Michael Mozer’s horror story of school
officials forcing him “To take a cocktail of drugs that turned him into a
psychotic who heard voices in his head” hit the front cover of the New York
Post. School officials, “Who went
so far as to file a medical-neglect and child-abuse complaint against his mother
with the State's Department of Children and Family Services after she stopped
the medication,” have lost their plea to have the case dismissed.
New Jersey lawyer Alan Milstein of
Sherman, Silverstein, Kohl, Rose & Podolsky (www.sskrplaw.com)
is handling this high profile case. Milstein
raises the issue of informed consent and the claims that parents are not being
provided with all information regarding the subjective nature of an ADHD
diagnosis, alternatives to “medication”, and drug risks, among others.
Milstein’s focus is also on the constitutional rights of the child.
Both
the school and doctors’ attorney filed motion to have the legal action
dismissed earlier this year. In an
eleven page opinion and order of July, 2, 2003, Judge Conner ruled that this
boy’s case will indeed be heard in federal court, officially dismissing the
school’s and physicians’ attempts to get it thrown out.
This case has a
national impact and has the power to reform the broken system of labeling and
drugging children within the public education system.
“No child should endure what Michael Mozer has been through.
With more and more legal cases pending, this should serve as a wake up call to
ensure our children will not be trafficked into behavioral drug use through the
public education system,” Sheila Matthews, National Vice President www.ablechild.org.
The sweeping trend of States passing laws to prevent forced
drugging in the public schools, and Congress passing similar legislation in the
form of the “Child Medication Safety Act of 2003” with a margin of 425 to 1,
has led Senator John
Ensign of Nevada to sponsor this Act in the Senate.
For further information on the legal aspects of this case contact
Alan Milstein, www.sskrplaw.com.
Reference:
New York Post Article by Douglas Montero, August 7, 2002.