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Old 10-15-2010, 05:08 AM   #1
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anonymousx1234x HB User
Need help finding a reliable source

I'm a young adult (21 years of age) with Asperger Syndrome. A few years ago, I was on a medication called Risperdone, which, according to Wikipedia, was designed to treat irritability in autistic children and young adults.

Well, I've been of the meds, cold turkey, for over two years now, but my past is still coming back to bite me in the ***; discrimination on the basis of my disability is being continued to the present day, so I'm suing them for a violation of my ADA rights.

I don't think I can afford an expensive expert witness, so, instead, I'll just bring in one of my old bottles of Risperdone pills, to prove that I have them, which would necessarily imply that I had a prescription for them. The bottle even states the name of the doctor who wrote the prescription.

I also want to bring in an article from a medical dictionary, to explain what risperdone is for.

So, I need some help finding a reliable source to bring in. It needs to

1. Explain that risperdone is designed to, among other things, treat irratibility in autistic children and young adults.
2. Be very very VERY reliable, to the point that a federal judge would accept it as admissible evidence, per the Federal Rules of Evidence.
3. Be in simple enough terms that a layman can understand it, so that I don't have to pay for an expensive expert witness.

Regarding requirement #2, I am mostly concerned with it being inadmissible on the grounds of hearsay. The reason that hearsay is inadmissible in the first place, is because "he said she said" is typically unreliable, yet a lot of people will still take it as reliable. This is why there are so many exceptions to the hearsay rule; because a lot of things that technically qualify as hearsay are still reliable.

This is also why things that are irrelevant are inadmissible; they are not reliable, but many laymen will still take it as reliable (e.g. if a plaintiff tries to paint a picture of the defendant as a generally disdainful person, it has no bearing on whether or not the defendant actually did what the plaintiff says he did, but the jury will still be swayed by it; hence, it is inadmissible to prevent such abuse). The same goes for opinions, unless provided by an expert witness, and so on.

Fortunately, medical dictionaries and encyclopedias tend to be more reliable than just "he said, she said," so I'm hoping for something really, SUPER reliable, that a judge would rule as admissible.

I am hoping for this hearsay to qualify as admissible under Rule 803. Here, I will copy and past that rule, for your convenience. I think (17) - commercial publications - would be the most likely candidate.

Quote:
Originally Posted by Federal Rules of Evidence, Rule 803

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.

(2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

(3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will.

(4) Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.

(5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.

(6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

(7) Absence of entry in records kept in accordance with the provisions of paragraph (6). Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.

(9) Records of vital statistics. Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law.

(10) Absence of public record or entry. To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry.

(11) Records of religious organizations. Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.

(12) Marriage, baptismal, and similar certificates. Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.

(13) Family records. Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

(14) Records of documents affecting an interest in property. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office.

(15) Statements in documents affecting an interest in property. A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.

(16) Statements in ancient documents. Statements in a document in existence twenty years or more the authenticity of which is established.

(17) Market reports, commercial publications. Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.

(18) Learned treatises. To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits.

(19) Reputation concerning personal or family history. Reputation among members of a person's family by blood, adoption, or marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history.

(20) Reputation concerning boundaries or general history. Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or State or nation in which located.

(21) Reputation as to character. Reputation of a person's character among associates or in the community.

(22) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not including, when offered by the Government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.

(23) Judgment as to personal, family or general history, or boundaries. Judgments as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.

(24) [Other exceptions.][Transferred to Rule 807]
Anyway, that's what I need. Any thoughts? Thanks in advance.

 
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Old 10-15-2010, 05:16 PM   #2
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Location: Florida
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AuntieLeela HB UserAuntieLeela HB UserAuntieLeela HB UserAuntieLeela HB User
Re: Need help finding a reliable source

The definitive reliable source would be the Physician's Desk Reference. You can buy a PDR at any bookstore but it is expensive, and you could get the same info from your pharmacist. Ask if you can have the "PI sheet" for Risperidone. If they ask why, just say you'd like a copy for your records.

A partial listing for Risperidone can be found on the National Institutes of Health website, here:
http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000944

Last edited by AuntieLeela; 10-15-2010 at 05:18 PM.

 
Old 10-15-2010, 08:14 PM   #3
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Join Date: Oct 2010
Location: Harrison, AR United States
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anonymousx1234x HB User
Re: Need help finding a reliable source

Quote:
Originally Posted by AuntieLeela View Post
The definitive reliable source would be the Physician's Desk Reference. You can buy a PDR at any bookstore but it is expensive, and you could get the same info from your pharmacist. Ask if you can have the "PI sheet" for Risperidone. If they ask why, just say you'd like a copy for your records.

A partial listing for Risperidone can be found on the National Institutes of Health website, here:
http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000944
What's the PI sheet? Can I get it for free?

 
Old 11-05-2010, 05:39 PM   #4
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yukipooki HB User
Re: Need help finding a reliable source

I would think that the Food and Drug Administration's filing from the company would fit the bill. You can search those right online. Also, the leaflet that is on their site or in the box with the medication or any pharmacist could give you a copy of the full prescribing information.

 
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