Contents

TAKE ACTION

If you or someone you know has been harmed by the unlawful use of DMPS, I urge you to take action to help prevent such harm to future patients. You may consider some or all of these options appropriate to your situation.

• I. REPORT ADVERSE EFFECTS TO YOUR PHYSICIAN AND PHARMACIST

• II. REPORT ADVERSE EFFECTS TO THE FDA

• III. FILE A COMPLAINT WITH YOUR STATE MEDICAL BOARD

• IV. FILE A COMPLAINT WITH YOUR STATE PHARMACY BOARD

• V. REPORT YOUR ADVERSE EFFECTS TO THE DMPSBACKFIRE WEBSITE

• VI. FILE LAWSUITS AGAINST THE PHYSICIAN AND PHARMACY
  
  

I. REPORT ADVERSE EFFECTS TO YOUR PHYSICIAN AND PHARMACIST

Some patients never tell their doctors that they’ve had an adverse reaction to DMPS. They just never return to that doctor, and try to get well with a new doctor or on their own. These physicians will never learn about the damage this drug is doing unless patients tell them. Some doctors will not be sympathetic or receptive … tell them anyway. If they hear it from enough patients, they may reconsider. (back)

II. REPORT ADVERSE EFFECTS TO THE FDA

The primary means by which the Food and Drug Administration (FDA) learns of adverse effects of marketed drugs is the Medwatch system. It is a woefully inadequate system, because physicians are not required to report adverse reactions of any drugs to the FDA. Indeed, it is estimated that less than 1% of all adverse reactions are ever reported to the FDA. And since most physicians are using DMPS illegally, you know they aren’t going to report a backfire.

But patients as well as physicians can report adverse effects. I urge you to do so. (You are not required to identify your physician if you don’t want to.) Medwatch forms can be obtained by calling (888) 463-6332. Forms can also be obtained at the FDA website at www.fda.gov. Click on “Medwatch”. (back)

III. FILE A COMPLAINT WITH YOUR STATE MEDICAL BOARD

Physicians are licensed to practice medicine in a state by the state medical board. These medical boards have the authority to discipline physicians who abuse their authority, who are incompetent, or who are a danger to patients. DMPS is an unapproved drug, and no physician may lawfully administer or prescribe it for a patient without special permission from the FDA. Under most state laws, that physician must also obtained the informed and written consent of the patient to use an unapproved drug. Sanctions can range from warnings, to fines, to license suspension, to license revocation. Often there is reciprocity among states so that a physician whose license has been revoked in one state will not be able to obtain a license to practice medicine in another state.

A list of state medical boards is available at the website for the Federation of State Medical Boards. (www.fsmb.org/members.htm) They can also be reached at (817) 868-4000. In addition, complaint forms are often available at the websites for the individual states. (State websites are similar. For instance, Florida’s website is www.state.fla.us. Georgia’s website is www.state.ga.us) On the state websites, look for state agencies, medical boards, or medical examiners in particular to find the process for filing a complaint. In the alternative, patients can call the state capitol and ask for the phone number of the state medical disciplinary board. (back)

IV. FILE A COMPLAINT WITH YOUR STATE PHARMACY BOARD

Pharmacies are regulated and disciplined by state boards of pharmacy. It is not lawful to compound DMPS unless the pharmacy has special permission from the FDA. It may be appropriate to file a complaint with the state pharmacy board against the pharmacy supplying the DMPS. A list of these boards can be obtained from the National Association of Boards of Pharmacy at www.nasb.net.  You can also check with your state’s website or call your state capitol.  These boards should also be on the state's official website. (back)

V. REPORT YOUR ADVERSE EFFECTS TO THE DMPSBACKFIRE WEBSITE

Help both physicians and patients by sharing your experience. Simply email your report to me and I will include it on the website. (back)

VI. FILE LAWSUITS AGAINST THE PHYSICIAN AND PHARMACY

Unless your physician has special permission from the FDA, and unless the pharmacy providing the DMPS had that same permission, the use of DMPS is not lawful. Persuasive legal arguments can be made that the administration of DMPS (particularly the “DMPS Challenge Test”) is malpractice - the equivalent of pharmaceutical battery.

If you are considering this course of action, find an attorney specializing in medical malpractice in the geographical area where the treatment took place. Malpractice firms usually accept cases on a contingent fee basis. Rather than pay the attorney an hourly rate for time and effort, the patient/plaintiff agrees to pay the attorney a percentage (usually 30-40%) of the final monetary award. (back)