Court overturns FDA ban on shock device for ASD Students

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magz
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07 Jul 2021, 11:59 am

It's not "like all physical restraining".
Electric shock is intended to inflict pain.
When used repeatedely, it's called torture.


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HeroOfHyrule
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07 Jul 2021, 12:07 pm

magz wrote:
It's not "like all physical restraining".
Electric shock is intended to inflict pain.
When used repeatedely, it's called torture.

Especially when it's used 30 times on a child that is already restrained, and the child is permanently traumatized/brain damaged by the experience... I don't get how anyone can defend that.



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07 Jul 2021, 3:46 pm

cubedemon6073 wrote:
Are you sure that they have this authority? I thought the authority was just food and drugs.


It comes under 21 U.S. Code § 360f - Banned devices (That is Title 21 of the US Code of Regulations.)



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07 Jul 2021, 9:23 pm

ASPartOfMe wrote:
Zakatar wrote:
I bet the two judges who voted to overturn the ban are Trump/Bush appointees


The Senior Circuit Judge who wrote the opinion is David Santelle who was appointed by Reagan. He was joined in the majority by Circut Judge Gregory Katsas a Trump appointee.

Dissenting was Chief Judge Sri Srinivasan who was appointed by Obama.

United States Court of Appeals for the District of Columbia Circuit - Wikipedia


Then my point still stands. The Democratic-appointed judge has a soul, and the Republican-appointed judges are soulless heathens.


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14 Jul 2021, 8:18 am

Such a sad day for the disability community. The fight continues. It makes me mad that the JRC is still allowed to shock us.


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18 Jul 2021, 11:29 pm

I just now came across a TikTok video by Jennifer Msumba talking about her experiences at the JRC.


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19 Jul 2021, 12:37 pm

funeralxempire wrote:
I feel like shock collars probably shouldn't be condoned by a civilized society.


the "Judge" RC is a Residential School variation, as are dr phil camps.

they are probably a lite version of what the natives got , but they are still horrible bedlam.

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08 Aug 2021, 4:51 pm

What we need to do is bring this to the DCF because theirs is technically corporal punishment, which is illegal is Massachusetts schools.



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13 Sep 2021, 7:51 am

ASAN Commends FDA’s Move to Appeal Judge Rotenberg Center Ruling

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ASAN is pleased that the Food and Drug Administration (FDA) has filed an appeal to a court ruling that would enable the Judge Rotenberg Center to continue using skin shocks on disabled people.


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06 Dec 2021, 8:28 pm

ASAN Statement on DC Circuit’s Denial of Rehearing in Judge Rotenberg Center Case

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Today, ASAN learned that the DC Circuit Court refused to reconsider a court ruling that allows the Judge Rotenberg Center to continue using skin shocks on disabled people. ASAN is outraged at the DC Circuit’s decision. ASAN calls on the FDA to do whatever it takes to reinstate a ban by immediately reintroducing a new rule that would address the court’s concerns while effectively banning these devices. The disability community has fought for decades against this torture – enough is enough.

In 2020, the Food and Drug Administration (FDA) banned the use of skin shock devices on people with disabilities – a practice that the United Nations has recognized as torture. The ban was supported by decades of advocacy and extensive research. The Judge Rotenberg Center sued in order to keep using the devices. The case went before three judges on the DC Circuit Court of Appeals. Two out of those three judges sided with the Judge Rotenberg Center, striking down the ban. As a result, the Judge Rotenberg Center can continue subjecting disabled people to painful electric shocks on a daily basis. The FDA asked for a chance to argue its case before all of the judges on the DC Circuit, instead of just three. This is called a rehearing en banc. But the DC Circuit has said that it would not allow a rehearing en banc.

The DC Circuit’s decision was based on the fact that the FDA banned some uses of shock devices but not others. The FDA said that shocks could not be used on disabled people, but that devices people chose to use to stop smoking were okay. The DC Circuit said that the FDA could not decide how a device could or couldn’t be used.

The FDA should immediately issue a new rule that addresses the court’s ruling. The rule will have to ban all uses of skin shock devices like the ones used at the Judge Rotenberg Center. The devices used at the Judge Rotenberg Center are very different from devices used for other purposes, so this should be easy for the FDA to do.

We call on the FDA to take immediate action to make sure that a new rule can go into effect as soon as possible. Disabled children and adults are being tortured every day. They cannot afford to wait any longer.

Our community has fought long and hard to end the Judge Rotenberg Center’s torture of disabled people. ASAN will continue to collaborate with state and federal policymakers, including the FDA, to end all forms of abuse against disabled people. We will not rest until no disabled person is subjected to torture in the name of “treatment.”

For more information, contact Sam Crane, ASAN’s Legal Director, at [email protected].


ASAN’s strategy going forward seems logical but as I wrote in the OP “This is truly a real-life horror story where you think the monster is dead and it keeps coming back to life. The disability advocacy groups have been trying unsuccessfully to stop this real-life nightmare since the 1980s!!”. It is just beyond my ability to have much hope at this point. This failure a huge black mark against the autism rights and disability rights movements.


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06 Dec 2021, 9:01 pm

and the trouble didnt start with the shocking of wont take off his jacket guy, there is a body count.

and what kind of sociopath judge wants his name on this thing? Wow your awesome judge Rotten burg.



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07 Dec 2021, 4:51 am

I suppose there needs to be a debate on what methods should be used to control near adult sized people that are violent and out of control?

Its all very well saying calming and speaking but is that always effective?

There are drugs of course, mostly antipsychotic medication where the side effects are bad, so bad many schizophrenics can’t take them for long, ask many who have taken them & they`ll tell you.

Is being permanently semi-conscious dribbling in a chair while slowly developing diabetes due to weight gain and life ebbing away really a kind way to treat people, probably not.


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magz
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07 Dec 2021, 4:53 am

There are methods of restaining that are not torture.


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carlos55
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07 Dec 2021, 5:00 am

magz wrote:
There are methods of restaining that are not torture.


Of course there is the jab in the backside they do in psychiatric hospitals, although you need a team of strongmen on call to do this.


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magz
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07 Dec 2021, 5:06 am

Image
https://www.sciencedirect.com/science/a ... 8908000121

At which point does it contain "inflict horrible pain"?


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carlos55
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07 Dec 2021, 5:40 am

magz wrote:
Image
https://www.sciencedirect.com/science/a ... 8908000121

At which point does it contain "inflict horrible pain"?


The diagram shows the Jab in the backside under 2nd line as mentioned, which is probably better. The problem is a person probably needs to be medically trained to give it?

I can picture the sadistic psychopath enjoying giving electric shocks to people at will, which is not a good thing.


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