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Tip
Sheet: Business, Law & Economics Tip sheets highlight timely news and events at Washington University in St. Louis. For more information on any of the stories below or for assistance in arranging interviews, please see the contact information listed with each story. For comments on the Business, Law & Economics news tips service, please contact the editor, Robert Batterson at (314) 935-5202 or batterson@olin.wustl.edu. Constitutionally protected liberty to bodily integrity at risk in Sell v. U.S. case to be heard by Supreme Court Media assistance: Jessica Roberts - (314) 935-5251 Source: Peter Joy - (314) 935-6445
Dr. Charles T. Sell has been found to be mentally ill and incompetent to stand trial. His diagnosis is "delusional disorder, persecutory type," and he has been held for the past four years in the federal prison system's medical center in Springfield, Mo. Sell was charged with health care fraud for allegedly submitting false bills to Medicaid. More comments by Joy follow: "Our right to make individual, personal decisions about matters affecting our body and mind is one of the most important and valued liberties we have, and it is recognized by most civilized societies. In the case before the U.S. Supreme Court, the government wants to inject Dr. Sell with very powerful, and potentially very dangerous, psychotropic drugs. The government's own doctors who testified at a hearing in the case, admit that the side effects of the drugs are significant, and that some of the side effects are permanent. In fact, one of the drugs produces a severe reaction in some people that can lead to death. The government's own doctors also admit that there is no guarantee that these powerful drugs will make Dr. Sell competent to stand trial. The drugs may also affect Dr. Sell's ability to communicate with his lawyers and assist in his own defense if he is brought to trial. "All of the doctors agree that Dr. Sell is not competent to stand trial. However, not all of the doctors who have weighed in on this case agree that using these potentially dangerous drugs is the proper course of action, particularly because there is no guarantee that the drugs would make Dr. Sell competent to stand trial. In fact, some doctors argue that the dangers of these drugs indicate that they are inappropriate for someone with Dr. Sell's mental condition. "This case is really about an individual's right to decide if government can inject him with potentially deadly drugs to make him competent to stand trial for fraud. Dr. Sell has been confined to a federal facility awaiting trial for the past four years, and if he wins he will continue to be confined until and unless he becomes competent to stand trial or the federal government decides to drop the fraud charges. If the Supreme Court rules in the government's favor, it will be turning its back on our individual liberty interest to self-determination when it comes to medical decisions affecting our minds and bodies." |
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