Oregon Lawsuit Targets Drug-Testing StudyJuly 29, 2002
Research Summary
A class-action lawsuit has been filed against Oregon Health & Science University (OHSU) and 14 Oregon school districts for conducting a federally funded study of school-based drug testing, the Oregonian reported July 3.The lawsuit, which was filed by a New Jersey law firm, said the study violates the rights of thousands of Oregon high-school students. The suit seeks an injunction to stop the study and compensation for "psychological, social, and economic harm" suffered by students and parents.
The lawsuit claims that student athletes were forced to take part in the drug-testing experiment. Those who refused to be subject to random urine tests were banned from playing sports.
"That's hardly voluntary. Everybody knows, after Nuremberg, informed consent must be voluntary," said lead attorney Alan Milstein of Pennsauken, N.J., referring to the code of research ethics established after German experiments during World War II.
Martin Munguia, a spokesman for OHSU, said the study complied with all state and federal regulations. In addition, an institutional review board, comprising of OHSU researchers and lawyers responsible for protecting the rights and welfare of research volunteers, approved the study before it was implemented.
The study, which ends next year, was designed to show whether a program of random screening could reduce drug use.
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