California accuses S&P of deception in $4-billion lawsuit

California has filed suit against Wall Street's biggest credit rating agency, Standard & Poor’s, charging the firm with violating the state's False Claims Act by using “magic numbers” and “guesses” to inflate ratings that ultimately cost California public pension funds an estimated $1 billion.

The action was filed Tuesday in San Francisco Superior Court and came a day after federal prosecutors filed suit against the bond-rating agency, alleging that S&P gave top marks to troubled mortgage-backed securities that later failed, helping to trigger the financial crisis.

Document: U.S. Sues Standard & Poor’s over mortgage bond ratings

California will seek $4 billion in damages after S&P’s ratings cost state pension funds what it estimates are about $1 billion in losses. The state can seek triple damages, along with penalties, under the False Claims Act.

“Those who lost homes in California were first-grade teachers, firefighters ... we talk about the impact of S&P’s conduct, it’s profound,” Atty. Gen. Kamala D. Harris told the Times in Washington after a news conference there announcing the federal and state suits. “They pretended to be an independent agency and we believe the evidence is clear it was quite the contrary.”

The barrage of state and federal actions signal an aggressive new push against one of the mortgage crisis’ key actors. The California action is the first use of its False Claims Act by Harris to pursue a major player in the mortgage meltdown. Harris in 2011 created a mortgage fraud strike force to pursue investigations related to the housing crisis and said she would use her powers under the act to pursue securities cases.

Under the state law, which makes it a crime to defraud the state, damages of up to three times the amount of the claim can be awarded if the victim was an institutional investor, such as one of the state's pension funds. In particular, the California Public Employees' Retirement System and the California State Teachers' Retirement System invested heavily in mortgage-backed securities and other financial instruments rated by S&P during the boom years.

S&P, which is a unit of publisher McGraw Hill, on Tuesday denounced the state and federal actions.

“The [U.S. Department of Justice] and some states have filed meritless civil lawsuits against S&P," the company said in a statement. "We will vigorously defend S&P against these unwarranted claims.  S&P has always been committed to serving the interests of investors and all market participants by providing independent opinions on creditworthiness based on available information."

The California suit alleges that investors relied on S&P to rate securities because these big investors had access to only general descriptions of the mortgages and other investments backing these securities. Institutional investors relied on S&P because they were required to purchase investments that got a “AAA” rating, meaning they were highly sound and bore little risk.

While S&P has tried in other cases to argue that it was protected under the 1st Amendment to state an opinion about certain financial products, that argument may not hold up if federal or state investigators are able to prove that the ratings agency knowingly gave improper evaluations, said Kurt Eggert, a Chapman University law professor.

“I am not sure that defense will hold if California or the feds can prove that they knowingly did not provide effective ratings,” Eggert said. “If the feds and the states can show that the ratings agencies knowingly diverged from their system in order to make money, the 1st Amendment defense might crumble.”

The California suit alleges that, from 2004 to 2007, S&P misrepresented to the state pension funds that its ratings were not influenced by economic interests and were based solely on objective analysis. Instead, the company lowered its standards to make money, the suit alleges, and suppressed efforts to develop more accurate models.

ALSO:

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California sues BP and Arco, alleges violations at gas stations

Times staff writer Jim Puzzanghera in Washington contributed to this report.

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Child hostage safe, captor dead, ending Alabama standoff

Jimmy Lee Dykes held off authorities for seven days in Alabama. (Dale County Sheriff's Department)

By Michael Muskal

February 4, 2013, 2:38 p.m.

A 5-year-old boy held hostage for almost a week in an underground bunker in rural Alabama has been released and his captor is dead, officials said Monday.

Jimmy Lee Dykes, 65, was dead at the scene, officials announced in a televised statement.

The boy, identified only as Ethan was in good condition and was being treated at a hospital in Dothan, Ala., Clouse said.

Last Tuesday, Dykes, a Navy veteran, stormed a school bus and shot the driver to death, then kidnapped the boy. Dykes held the child prisoner in a 6-foot-by-8-foot underground bunker on his property in Midland City, Ala, about 90 miles from Montgomery.

Killed in the attack was the driver, Charles Poland Jr., who was buried on Sunday after townspeople hailed him as a hero for protecting the more than 20 children on the bus.

Authorities maintained contact with Dykes through a 4-inch PVC pipe through which medicine was sent into the underground shelter, built by Dykes. Ethan was said to have an autism.

Before the news conference,  an ambulance that had been parked near the scene could be seen driving away, according to video from the scene.

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In Chris Kyle's shooting death, postwar worlds collide

Texas judge faces 'court of inquiry' into wrongful conviction

Ed Koch remembered as 'Uncle Eddie' and a savior of New York

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Second-generation iPad mini could pack a display with 324 pixels per inch

Apple (AAPL) may be about to make up for delivering a disappointingly low resolution for its first-generation iPad mini display. BrightWire reports that supply chain sources have told Chinese website My Drivers that the next-generation iPad mini will indeed feature a 7.9-inch Retina display with a resolution of 2048 x 1536 pixels, or 324 pixels per inch. For comparison, consider that the original iPad mini delivered a resolution of just 163 pixels per inch, less than both the Amazon (AMZN) Kindle Fire HD and the Google (GOOG) Nexus 7, which both featured displays with resolutions of 216 pixels per inch. BrightWire’s report also backs up earlier rumors we’ve heard about Apple choosing AU Optronics to make an HD Retina display for its next-generation iPad mini.

[More from BGR: iOS 6.1 untethered jailbreak now available for download, compatible with iPhone 5 and iPad mini]

This article was originally published on BGR.com

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Sheriff's Dept: Brown-Ocean inquiry will be closed

LOS ANGELES (AP) — A sheriff's spokesman says an investigation into a fight between Chris Brown and Frank Ocean will soon be closed without any charges being sought.

Los Angeles sheriff's spokesman Steve Whitmore says investigators will speak with Ocean before closing the case, but the agency is unlikely to pursue a misdemeanor battery charge against Brown.

Ocean has accused Brown of hitting him during an argument outside a West Hollywood recording studio last month, but wrote on the social media site Tumblr on Saturday that he wanted the matter closed. Ocean's post stated he did not want Brown prosecuted and he had no intentions of filing a civil lawsuit.

Brown remains on probation for the 2009 beating of Rihanna and is scheduled to appear in court for a progress hearing on Wednesday.

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Well: Expressing the Inexpressible

When Kyle Potvin learned she had breast cancer at the age of 41, she tracked the details of her illness and treatment in a journal. But when it came to grappling with issues of mortality, fear and hope, she found that her best outlet was poetry.

How I feared chemo, afraid

It would change me.

It did.

Something dissolved inside me.

Tears began a slow drip;

I cried at the news story

Of a lost boy found in the woods …

At the surprising beauty

Of a bright leaf falling

Like the last strand of hair from my head

Ms. Potvin, now 47 and living in Derry, N.H., recently published “Sound Travels on Water” (Finishing Line Press), a collection of poems about her experience with cancer. And she has organized the Prickly Pear Poetry Project, a series of workshops for cancer patients.

“The creative process can be really healing,” Ms. Potvin said in an interview. “Loss, mortality and even hopefulness were on my mind, and I found that through writing poetry I was able to express some of those concepts in a way that helped me process what I was thinking.”

In April, the National Association for Poetry Therapy, whose members include both medical doctors and therapists, is to hold a conference in Chicago with sessions on using poetry to manage pain and to help adolescents cope with bullying. And this spring, Tasora Books will publish “The Cancer Poetry Project 2,” an anthology of poems written by patients and their loved ones.

Dr. Rafael Campo, an associate professor of medicine at Harvard, says he uses poetry in his practice, offering therapy groups and including poems with the medical forms and educational materials he gives his patients.

“It’s always striking to me how they want to talk about the poems the next time we meet and not the other stuff I give them,” he said. “It’s such a visceral mode of expression. When our bodies betray us in such a profound way, it can be all the more powerful for patients to really use the rhythms of poetry to make sense of what is happening in their bodies.”

On return visits, Dr. Campo’s patients often begin by discussing a poem he gave them — for example, “At the Cancer Clinic,” by Ted Kooser, from his collection “Delights & Shadows” (Copper Canyon Press, 2004), about a nurse holding the door for a slow-moving patient.

How patient she is in the crisp white sails

of her clothes. The sick woman

peers from under her funny knit cap

to watch each foot swing scuffing forward

and take its turn under her weight.

There is no restlessness or impatience

or anger anywhere in sight. Grace

fills the clean mold of this moment

and all the shuffling magazines grow still.

In Ms. Potvin’s case, poems related to her illness were often spurred by mundane moments, like seeing a neighbor out for a nightly walk. Here is “Tumor”:

My neighbor walks

For miles each night.

A mantra drives her, I imagine

As my boys’ chant did

The summer of my own illness:

“Push, Mommy, push.”

Urging me to wind my sore feet

Winch-like on a rented bike

To inch us home.

I couldn’t stop;

Couldn’t leave us

Miles from the end.

Karin Miller, 48, of Minneapolis, turned to poetry 15 years ago when her husband developed testicular cancer at the same time she was pregnant with their first child.

Her husband has since recovered, and Ms. Miller has reviewed thousands of poems by cancer patients and their loved ones to create the “Cancer Poetry Project” anthologies. One poem is “Hymn to a Lost Breast,” by Bonnie Maurer.

Oh let it fly

let it fling

let it flip like a pancake in the air

let it sing: what is the song

of one breast flapping?

Another is “Barn Wish” by Kim Knedler Hewett.

I sit where you can’t see me

Listening to the rustle of papers and pills in the other room,

Wondering if you can hear them.

Let’s go back to the barn, I whisper.

Let’s turn on the TV and watch the Bengals lose.

Let’s eat Bill’s Doughnuts and drink Pepsi.

Anything but this.

Ms. Miller has asked many of her poets to explain why they find poetry healing. “They say it’s the thing that lets them get to the core of how they are feeling,” she said. “It’s the simplicity of poetry, the bare bones of it, that helps them deal with their fears.”

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Have you written a poem about cancer? Please share them with us in the comments section below.

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CVS' Medicare drug program causing headaches for enrollees

Deborah Shapiro decided a few months ago to switch her prescription drug coverage from her former employer's plan to Medicare. The Medicare literature made clear that she could save hundreds of dollars on the various drugs she and her husband required.

Shapiro, 76, of Woodland Hills, studied her options carefully and decided to enroll in SilverScript, the Medicare-approved drug program run by CVS Caremark.

That turned out to be not such a good decision after all.

Shapiro was one of many seniors who found themselves facing inexplicably large bills that CVS refused to negotiate. As a result of cases like hers, CVS was sanctioned last month by Medicare, which means the company can't enroll new people in SilverScript until it cleans up its act.

The federal Centers for Medicare and Medicaid Services said in a letter to CVS' SilverScript subsidiary that its inability to process prescriptions correctly "poses a serious threat to the health and safety of Medicare beneficiaries."

The federal agency blamed the problems on "widespread data system failures" that have "created disruptions in tens of thousands of Medicare beneficiaries' access to prescription medications."

SilverScript handles the drug requirements of about 4 million Medicare beneficiaries.

In Shapiro's case, she told me that she'd ordered a 90-day supply of an estrogen pill that was supposed to cost $85. Instead, SilverScript sent her a 30-day supply running $70.61.

Shapiro said she got the runaround from three separate CVS supervisors until a company representative finally insisted that she had to take what she was given and pay the amount CVS was demanding.

She said the company deemed the $70.61 bill a "transition fee" from her former drug insurer, which, as it happens, was also run by CVS.

"They need to charge me a transition fee from CVS to CVS?" Shapiro said. "That makes no sense."

CVS blamed its SilverScript troubles on "an enrollment system conversion" that "brought about an increase in call volume and issues related to claims processing."

"We take these issues very seriously and are committed to working swiftly with [Medicare] officials to address their areas of concern," said Jon Roberts, president of CVS' pharmacy benefit management business.

He also said the company will work to resolve any issues for patients that have come up as a result of the problem. Presumably that means Shapiro and others can expect their sky-high drug bills to be revisited in a more accommodating manner by CVS service reps.

Medicare says it received 2,340 complaints about SilverScript in just the first two weeks of January — a rate four times greater than for all other Medicare-approved drug programs combined.

The agency said in its letter to CVS that the sanction will remain in place until officials are "satisfied that the deficiencies upon which the determination was based have been corrected and are not likely to recur."

This isn't CVS' first brush with regulatory scrutiny. As I've reported, the company is now being investigated by federal and state authorities for having refilled prescriptions and billed insurers without patients' approval.

CVS has blamed such incidents on overzealous pharmacy managers and said the practice doesn't represent company policy. But internal emails and documents I've obtained suggest the unauthorized refills were more widespread than CVS would have customers believe.

The U.S. Justice Department also is looking into whether CVS violated a $17.5-million settlement reached with federal authorities in 2011 over allegedly falsified claims to Medicaid programs in California and nine other states.

The Justice Department is working with the U.S. Department of Health and Human Services. California and New Jersey regulators also are probing CVS' refill practices.

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L.A. County removing metal detectors from some hospital facilities

It was typically chaotic in the emergency room at Los Angeles County/USC Medical Center that February day in 1993. Richard May was treating patients in the triage area when a disgruntled man started ranting about the long wait. Then, without warning, the man pulled a gun and started shooting, hitting May in the head, chest and arm and seriously wounding two other doctors.

The carnage, coming after a series of violent incidents, prompted a wave of safety improvements, including the installation of metal detectors at hospital entrances, bulletproof enclosures in emergency rooms and the addition of more security guards.

Now, 20 years after the attack, officials want the metal detectors removed from parts of county hospitals to make them more welcoming to patients in the newly competitive marketplace being created by the Obama administration's healthcare overhaul. The machines in the emergency rooms will remain, but the others are to be taken out by summer. The proposal comes at a time when high-profile shootings have put the nation on edge and prompted emotionally charged debates about the availability of assault weapons and the presence of armed officers in schools.

The county's director of Health Services, Mitchell Katz, says metal detectors stigmatize poor patients and visitors and give the impression that the county facilities are dangerous. Security is paramount, but metal detectors aren't the best way to ensure that, he argues. Most other urban hospitals in L.A. County do not have the machines, relying on guards to provide safety, he said.

"It is a different moment to look and ask ourselves, 'What is the best way to do security?'" Katz said.

But the proposed changes have patients, nurses and doctors worried and are drawing opposition from law enforcement and union members.

May, 67, who suffers from post-traumatic stress disorder, is among those asking administrators to reconsider. He works part-time at the county's Hudson Comprehensive Health Center south of downtown, where he says the metal detector gives patients and staff peace of mind.

"I feel angry, frustrated and resentful," he said of the proposal to remove the devices. "We wouldn't have been shot if they were there then."

Paul Kaszubowski, 64, another doctor shot in 1993, said the bullet shattered his arm and grazed his head. He still suffers problems with his arm and has occasional flashbacks. Removing the metal detectors doesn't make sense, he said. Providing compassionate and high-quality care is the best way to attract and retain patients, he said.

Beginning next year, uninsured patients will be eligible for Medi-Cal coverage and have more options outside of the county's healthcare system. That is driving safety-net hospitals to improve their customer service so they are no longer the providers of last resort.

But that push is running headlong into a record of violence at urban medical facilities, where healthcare workers are often the victims of assault. Hospitals are intrinsically high-risk places, and metal detectors can help prevent violent attacks, said Jane Lipscomb, a University of Maryland professor who has studied hospital safety.

The county's largest public hospital workers' union is trying to stop the removal of the scanners and sent a letter to Katz saying the action is a "huge decision" that could put patients and staff in harm's way.

Longtime County/USC nurse Sabrina Griffin, a union representative, vividly remembers the 1993 shooting and fears something similar could happen again if the screening equipment is removed. She particularly worries about gang retaliation spilling into the hospital after a shooting or stabbing.

"I just feel safer having the scanners," she said.

Sheriff's Department Capt. Chuck Stringham, who oversees security at the county healthcare facilities, said late Friday that the department is opposed to the wholesale removal of the metal detectors without another plan for weapons screening.

County hospitals mirror the crime and violence of surrounding communities, he said, and the scanners serve as the first line of defense — finding guns, knives, box cutters and other weapons.

The county removed the metal detector equipment from the outpatient building at County/USC in July, and no violent incidents have been reported there since doing so, according to the Sheriff's Department. By June 30, the county plans to remove 26 more machines from County/USC, Harbor-UCLA Medical Center, Olive View Medical Center and the Martin Luther King and Hudson centers.

Patients and visitors entering another County/USC facility last week emptied their pockets of cellphones, keys and wallets before stepping through the scanners. In a period of a few hours, guards confiscated two pocketknives.

Walter Johnson, 59, who had an eye appointment, said removing the machines is "crazy." "How would they know if anyone is coming in with a gun, or an AK-47, or a knife?" he said. "The minute you take these out, you are gonna give some idiot some excuse to do something."

Michelle Mendez, an ER nurse, said metal detectors are needed in the emergency room but not elsewhere. "I think [visitors] would feel more comfortable when visiting their loved ones, knowing we aren't so concerned about violence and crime and weapons," she said.

Tammy Duong, a medical resident in the psychiatric unit, said the machines can be intimidating. But she worries about what might happen without them.

"Just because it is a hospital," she said, "doesn't mean violence can't spill over."

anna.gorman@latimes.com

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BlackBerry searching high and low in India, Indonesia

NEW DELHI/JAKARTA (Reuters) – Research in Motion Ltd must chart a tough course in its two key emerging markets of India and Indonesia: quickly launch cheaper handsets to woo lower-end subscribers while restoring its tattered brand among the countries’ status-conscious.

The company, which is rebranding itself BlackBerry after its best-known smartphone, has won millions of followers in these two Asian countries, mostly by selling cheaper handsets and offering service packages as low as $ 2 a month. So it’s unlikely that the Z10 model introduced last week, which operators in India expect to sell for around $ 750, will appeal to the users it must reach if it is to build market share.

“It’s clear that not only are India and Indonesia among the largest markets but in terms of future smartphone growth, they’re amongst the ones with the most potential,” said Melissa Chau, senior research manager at technology research group IDC in Singapore. “But the two devices that have been launched are not well aligned to the needs of these two markets.”

While the company does not break down its sales by country, data from IDC shows that Indonesia was BlackBerry’s biggest market outside the United States and Britain last year, while India was ninth.

ABI Research said that BlackBerry accounted for nearly half of Indonesia’s smartphone shipments in 2012. Compare this with a global share of just 5.3 percent. In India, the world’s second-largest mobile phone market, BlackBerry ranks third after Samsung Electronics Co Ltd and Nokia.

In both countries, young people are drawn by low-cost handsets allowing them to communicate for free on the BlackBerry Messaging Service (BBM). Almost all carriers offer services for the device. Indonesia’s XL Axiata Tbk PT, for example, saw a 45 percent jump in BlackBerry subscribers last financial year after offering packages for as little as 20 cents per day.

But this picture is changing rapidly.

The rise of messaging services such as WhatsApp that are not confined to any single operating system and the proliferation of cheap Android devices have diluted the BlackBerry’s appeal.

Mickey Nayoan, a 32-year old product designer in Jakarta, swapped his BlackBerry for a Samsung phone six months ago and isn’t missing it.

“I survived without BlackBerry because there’s WhatsApp,” he said. “More and more people use it and so I don’t need BBM anymore.”

At the same time, higher-end users have deserted what is increasingly seen as a low-end brand.

“When they came up with the cheaper versions, that took the allure off the brand for many Indonesians who are very status-conscious,” said Ong Hock Chuan, a Jakarta-based communications consultant.

ANDROID MAKES INROADS

While BlackBerry remained the number one smartphone brand in Indonesia in the second quarter of last year, the most recent period for which rankings were available, Android overtook it as the most popular operating system, according to IDC.

IDC said when it released the data last September that this was partly because of delays in the launch of the BlackBerry 10. The Z10 is likely to launch in the second half of February in India and in late March in Indonesia.

Data from StatCounter, a website which estimates mobile web traffic, shows BlackBerry’s share in Indonesia falling from about 20 percent in 2011 to about 5 percent last year.

On the other hand, carriers and users say, glitches with BlackBerry services and a perception that the brand has lost some of its luster mean that it will be hard to sell the Z10 and a keyboard model, the Q10, even to better-off users.

“It really depends on how BlackBerry 10 performs. If it can fix problems of previous BlackBerry (services) it could succeed in the market,” said Hasnul Suhaimi, CEO of Indonesia’s XL Axiata. But for now, he said, “it will just be about people swapping out existing devices.”

To reverse this, BlackBerry must announce cheaper devices quickly, analysts say. BlackBerry launched handsets designed on its old platform for just such users in India and Indonesia last year.

“The Z10… is obviously a high-end product and India is not a market at that price point,” said Anshul Gupta, an industry analyst at technology advisory firm Gartner in Mumbai. “We don’t know exactly what will be coming here, but I would expect them to launch different models in India which would give them more traction.”

(Additional reporting by Henry Foy in Mumbai and Jeremy Wagstaff in Singapore; Writing by Jeremy Wagstaff; Editing by Emily Kaiser)

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In Super Bowl broadcast, CBS hopes for history

NEW YORK (AP) — Ratings glory hangs in the balance for CBS's broadcast of the Super Bowl.

Three years running, the NFL's championship game has set a viewership record, topped last year by NBC's broadcast to an average audience of 111.3 million people.

But ratings are a mere point of pride for CBS heading into kickoff. The ads have already been sold (some at more than $4 million a pop), so the network can now only hope to put forth its best broadcast and deflect as much of the Super Bowl glow to its other programs and its cable sports network.

After an afternoon of pregame programming, Jim Nantz and Phil Simms will call the game while more than 60 cameras cover the action — with at least one keeping an eye on the Harbaugh parents.

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Concerns About A.D.H.D. Practices and Amphetamine Addiction

Before his addiction, Richard Fee was a popular college class president and aspiring medical student. "You keep giving Adderall to my son, you're going to kill him," said Rick Fee, Richard's father, to one of his son's doctors.

VIRGINIA BEACH — Every morning on her way to work, Kathy Fee holds her breath as she drives past the squat brick building that houses Dominion Psychiatric Associates.

Matt Eich for The New York Times

MENTAL HEALTH CLINIC Dominion Psychiatric Associates in Virginia Beach, where Richard Fee was treated by Dr. Waldo M. Ellison. After observing Richard and hearing his complaints about concentration, Dr. Ellison diagnosed attention deficit hyperactivity disorder and prescribed the stimulant Adderall.

It was there that her son, Richard, visited a doctor and received prescriptions for Adderall, an amphetamine-based medication for attention deficit hyperactivity disorder. It was in the parking lot that she insisted to Richard that he did not have A.D.H.D., not as a child and not now as a 24-year-old college graduate, and that he was getting dangerously addicted to the medication. It was inside the building that her husband, Rick, implored Richard’s doctor to stop prescribing him Adderall, warning, “You’re going to kill him.”

It was where, after becoming violently delusional and spending a week in a psychiatric hospital in 2011, Richard met with his doctor and received prescriptions for 90 more days of Adderall. He hanged himself in his bedroom closet two weeks after they expired.

The story of Richard Fee, an athletic, personable college class president and aspiring medical student, highlights widespread failings in the system through which five million Americans take medication for A.D.H.D., doctors and other experts said.

Medications like Adderall can markedly improve the lives of children and others with the disorder. But the tunnel-like focus the medicines provide has led growing numbers of teenagers and young adults to fake symptoms to obtain steady prescriptions for highly addictive medications that carry serious psychological dangers. These efforts are facilitated by a segment of doctors who skip established diagnostic procedures, renew prescriptions reflexively and spend too little time with patients to accurately monitor side effects.

Richard Fee’s experience included it all. Conversations with friends and family members and a review of detailed medical records depict an intelligent and articulate young man lying to doctor after doctor, physicians issuing hasty diagnoses, and psychiatrists continuing to prescribe medication — even increasing dosages — despite evidence of his growing addiction and psychiatric breakdown.

Very few people who misuse stimulants devolve into psychotic or suicidal addicts. But even one of Richard’s own physicians, Dr. Charles Parker, characterized his case as a virtual textbook for ways that A.D.H.D. practices can fail patients, particularly young adults. “We have a significant travesty being done in this country with how the diagnosis is being made and the meds are being administered,” said Dr. Parker, a psychiatrist in Virginia Beach. “I think it’s an abnegation of trust. The public needs to say this is totally unacceptable and walk out.”

Young adults are by far the fastest-growing segment of people taking A.D.H.D medications. Nearly 14 million monthly prescriptions for the condition were written for Americans ages 20 to 39 in 2011, two and a half times the 5.6 million just four years before, according to the data company I.M.S. Health. While this rise is generally attributed to the maturing of adolescents who have A.D.H.D. into young adults — combined with a greater recognition of adult A.D.H.D. in general — many experts caution that savvy college graduates, freed of parental oversight, can legally and easily obtain stimulant prescriptions from obliging doctors.

“Any step along the way, someone could have helped him — they were just handing out drugs,” said Richard’s father. Emphasizing that he had no intention of bringing legal action against any of the doctors involved, Mr. Fee said: “People have to know that kids are out there getting these drugs and getting addicted to them. And doctors are helping them do it.”

“...when he was in elementary school he fidgeted, daydreamed and got A’s. he has been an A-B student until mid college when he became scattered and he wandered while reading He never had to study. Presently without medication, his mind thinks most of the time, he procrastinated, he multitasks not finishing in a timely manner.”

Dr. Waldo M. Ellison

Richard Fee initial evaluation

Feb. 5, 2010

Richard began acting strangely soon after moving back home in late 2009, his parents said. He stayed up for days at a time, went from gregarious to grumpy and back, and scrawled compulsively in notebooks. His father, while trying to add Richard to his health insurance policy, learned that he was taking Vyvanse for A.D.H.D.

Richard explained to him that he had been having trouble concentrating while studying for medical school entrance exams the previous year and that he had seen a doctor and received a diagnosis. His father reacted with surprise. Richard had never shown any A.D.H.D. symptoms his entire life, from nursery school through high school, when he was awarded a full academic scholarship to Greensboro College in North Carolina. Mr. Fee also expressed concerns about the safety of his son’s taking daily amphetamines for a condition he might not have.

“The doctor wouldn’t give me anything that’s bad for me,” Mr. Fee recalled his son saying that day. “I’m not buying it on the street corner.”

This article has been revised to reflect the following correction:

Correction: February 3, 2013

An earlier version of a quote appearing with the home page presentation of this article misspelled the name of a medication. It is Adderall, not Aderall.

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