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The Case Section


NOTICE

The purpose of this site does not include any form of retribution. Also, for privacy reasons the defendants’ names along with certain other names have been omitted from all public documentation contained herein.

This section has been included to help raise awareness about some of the problems in litigation cases. I have provided official documents from my own case to help serve as an example. I hope this will help educate medical workers, legal workers and the general public.

   

CASE BACKGROUND

Basic History

Feb 2003:  Preparations.
Feb 2006:  Mediation (initially by myself) at Tokyo Summary Court.
Jun 2007:  Tokyo District Court.
Sep 2008:  Returned to Japan again to testify (no accommodation, job or money).
Sep 2009:  Tokyo High Court.
May 2011:  Appeal to Supreme Court (by myself in midst of 3/11 mega-quake and Fukushima nuclear disaster, jobless, homeless).
Oct 2011:  Supreme Court decision (case closed).

Main Evidence

Patient files and DSM-IV-TR diagnostic criteria for drug (substance) dependency.

Main Arguments

Most inappropriately, the central argument became a case of whether I had Autonomic Nervous Disorder (AND) or iatrogenic BZ dependency.

Definition

AND is an umbrella term commonly used in Japan to describe: (A) Psychosomatic symptoms caused by a variety of stress / anxiety conditions, or (B) Any other condition where the autonomic nervous system acts in a way that produces symptoms, especially in cases where they are not sure of the cause.

NB: This argument was totally illogical because my entire nervous system had become hyperactive as a result of BZ dependency and withdrawal reactions (See Autonomic Nervous Disorder).


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Medical Reports


Addiction Report 1

  • Clarifies patient history including patient profile, substance / prescription history and symptoms’ history.
  • Shows how DSM-IV-TR diagnostic criteria for drug dependency were applied.
  • Explains how the dependency diagnosis was made.

Read Document See Original


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Addiction Report 2

  • This report has not been included in this website because it doesn’t add anything significant to the other reports.

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Addiction Report 3

  • Shows how the DSM-IV-TR diagnostic criteria for drug dependency were applied to the actual evidence, with a focus on the patient files from Japan (translations).
  • Shows how arguments were backed by expert opinions (literature) from Prof. Ashton.
  • Gives a detailed explanation about differentiating between mere symptoms of stress and those of doctor induced drug dependency.
  • Clarifies consistency between content of reports and the evidence (Patient files etc).

Read Document See Original


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Addiction Report 4

  • Shows how the DSM-IV-TR diagnostic criteria for drug dependency were applied to the actual evidence, with a focus on the patient files from New Zealand.
  • Shows how arguments were backed by expert opinions (literature) from Prof. Ashton.
  • Gives detailed information based on the evidence about prescribing issues, informed consent, monitoring etc.

Read Document See Original


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Neurology Report

  • Outlines reasons why both the diagnosis and treatment of the prescribing doctor were wrong.

Read Document See Original


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Psychology Report

  • Shows how the inappropriate drug treatment led to unnecessary long-term suffering.

Read Document See Original


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Statements


Personal Statement 1

  • Gives an account of how the state of dependency evolved in relation to the treatment history.

Read Document See Original


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Personal Statement 2

  • Focuses on how the dependency impacted on my life and those around me.

Read Document See Original


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Personal Statement 3

  • Addresses a number of general discrepancies including an issue over prescription shortfalls where I gave an entire breakdown accounting for every single dose for a course of medication prescribed 10 years prior.
  • Contains a challenge from me to the defense – they never accepted.

Read Document See Original


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Personal Statement 4

  • Gives a summary of key evidence as a last ditch attempt by me to convince the High Court judge of our case for dependency.
  • The idea was to try and make it impossible for the court to judge against me without being unfair. I think I achieved that.

Read Document See Original


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Witness Statement 1 (Mother)

  • Shows a comparison between my health before and during the dependency.
  • My mother explains how she couldn’t recognize me at the airport upon my return to New Zealand.
  • Shows the effects my dependency had on my elderly mother.

Read Document See Original


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Witness Statement 2 (Friend)

  • Shows a comparison between my health before, during, and after the dependency problem from a friend who knew me well during each of those times.

Read Document See Original


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Verdicts


Tokyo High Court Verdict

  • Shows the basis the Tokyo High Court formed in making their decision.

Read Document See Original


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Supreme Court of Japan Verdict

  • Shows the reasons why the Supreme Court of Japan dismissed my appeal. Namely, it was not deemed to have met the requirements for “constitutional infringement.”

Read Document See Original


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Appeal

A shoebox full – 9 sets of appeals & appendices all in Japanese. Prepared by me alone whilst evacuating from the Fukushima nuclear disaster following the mega-quake in March 2011.


   

Supreme Court of Japan Appeal

  • Highlights some of what I felt were injustices of the lower courts and the reasons why I appealed to the Supreme Court of Japan.
  • I wrote this alone without any representation (in Japanese) during the midst of the 3/11 disaster as I moved between evacuation points during aftershocks, radiation fallout and rotational blackouts – many notes were taken by candle light.

Read Document See Original


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Issues


Case Issues

  • Shows the main diagnostic issues which were raised in my case, along with common misconceptions displayed among concerned parties, together with expert verifications to the contrary.

See Case Issues


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Damages


Official Loss & Damage Forms

  • Shows the actual amount of losses and damages in my case based on official court claim forms, receipts etc.

See Damages


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Justice or Not?

  • I think the ultimate discrepancy in the High Court Verdict is that the Judge failed to rule out the fact I was dependent in terms of the DSM-IV-TR (worldwide recognized diagnostic standard) which formed the overall basis for the entire case.
  • Although the Judge addressed two of the criteria in tolerance (criteria 1) and withdrawal (criteria 2), albeit without any direct reference to the DSM-IV-TR itself, he completely failed to address the other three that were being claimed – effectively leaving them standing.

See this Section


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Fair?

  • Our key witness was twice denied the opportunity to testify – once by the Tokyo District Court and once by the Tokyo High Court.
  • The Tokyo District Court judge raised an issue in the defense's favour only after proceedings had ended totally denying us any opportunity for rebuttal.
  • The Tokyo High Court judge chose to use the package inserts from the drug companies to determine the amounts at which benzodiazepines could be deemed addictive, completely ignoring the extensive evidence (literature, expert opinions etc) submitted to the contrary.
  • The courts made no issue over the prescribing doctor diagnosing me with one thing and treating me with drugs used for something completely different.
  • More than half the applied DSM-IV-TR diagnostic criteria for dependency were not addressed in the verdict.

  • The presiding High Court judge was replaced half way through proceedings by a judge who knew absolutely nothing about the case or benzodiazepines before the verdict was delivered.

Read more

Marsden Quote

“If any drug over time is going to just rob you of your identity [leading to] long, long term disaster, it has to be benzodiazepines.”

Dr John Marsden,
Institute of Psychiatry, London
November 1, 2007

Woolas Quote

“Benzos are responsible for more pain, unhappiness and damage than anything else in our society.”

Phil Woolas MP,
Deputy Leader of the House of Commons,
Oldham Chronicle, February 12, 2004

Coleman Quote

“The benzodiazepines are probably the most addictive drugs ever created and the vast army of enthusiastic doctors who prescribed these drugs by the tonne have created the world's largest drug addiction problem.”

Dr Vernon Coleman,

The Drugs Myth, 1992

Blunkett Quote

BLUNKETT ON BENZOS:

IT’S A NATIONAL SCANDAL!

David Blunkett, British MP
February 24, 1994

Laurance Quote

“If there's a pill, then pharmaceutical companies will find a disease for it.”

Jeremy Laurance,
The Independent, April 17, 2002.

Angell Quote

“To rely on the drug companies for unbiased evaluations of their products makes about as much sense as relying on beer companies to teach us about alcoholism.”

Marcia Angell MD
(Former) Executive Editor New England Journal of Medicine

Lader Quote

“It is more difficult to withdraw people from benzodiazepines than it is from heroin.”

Professor Malcolm H Lader
Institute of Psychiatry London
BBC Radio 4, Face The Facts
March 16, 1999

Ashton Quote

“Withdrawal symptoms can last months or years in 15% of long-term users. In some people, chronic use has resulted in long-term, possibly permanent disability.”

Professor C Heather Ashton
DM, FRCP,
Good Housekeeping, 2003

Stevie Nicks Quote

“Klonopin (Clonazepam) is a horrible, dangerous drug.”

Stevie Nicks

Boeteng Quote

“Clearly, the aim of all involved in this sorry affair is the provision of justice for the victims of tranquillisers.”

Paul Boeteng, British MP, 1994

The Ashton Manual

The Ashton Manual contains expert advice on benzodiazepines and how to withdrawal written by world renowned expert Prof. Heather Ashton.

The withdrawal schedules provided in the manual are only intended as "general guides". Each person's experience of withdrawal is unique and the course of withdrawal depends on many factors.

Read The Manual

Irony

What are benzos for again?

The only time I’ve ever needed to visit a psychologist in my life was AFTER (wrongfully) being prescribed benzodiazepines…

Justice or Not?

This section focuses on some of the apparent injustices of the Japanese courts in my case. To help highlight these, some parts of this section include cross-referencing between the High Court Verdict and the Addiction Reports which were all based on the official evidence and the DSM-IV-TR diagnostic criteria for dependency.

See this Section

Verdicts

Both the High Court and Supreme Court Verdicts dismissed my case completely (100%), despite the comprehensive medical reports, expert opinions, and credible evidence...

Who's protecting society (the tax payers) whose money they receive as salary to protect the public?

Cameron Quote

“Benzodiazepine addiction is a terrible affliction; these people are not drug addicts but they have become hooked on repeat prescriptions of tranquillisers.”

PM David Cameron
October 23, 2013

The purpose of this site does not include any form of retribution.
Also, for privacy reasons the defendants’ names along with certain other names have been omitted from all public documentation contained herein.
©2012 Benzo Case Japan Programming by Butter

Due to the campaigning that I’ve been doing, and the damages that I’ve suffered, things have become very difficult. Therefore, any contributions are most welcome. Please click here for bank details. Thank you!