LOS ANGELES: A pilot who lost his licence to fly when he was diagnosed with Attention Deficit Hyperactivity Disorder and prescribed the drug Ritalin, has had his hopes of returning to the skies dashed by the Federal Court.
Justice Lisa Hespe on Thursday dismissed Oliver Nam’s appeal against an Administrative Review Tribunal decision in favour of the Civil Aviation Safety Authority.
Although Mr Nam had flown for at least seven years as a private and commercial pilot prior to his ADHD diagnosis in 2020, the regulator deemed him a risk to air safety and cancelled his class 1 and 2 medical certificates.
Commercial pilots in Australia are required to have a class 1 medical certificate renewed annually. Private pilots must hold a class 2 certificate, valid for four years, to operate aircraft.
Mr Nam, 37, first took the matter to the Administrative Appeals Tribunal in Victoria which ordered CASA to reconsider, finding its decision focused on the “possibility of side effects rather than the reality”.
The tribunal heard evidence from neuropsychologist David Tofler, who said Mr Nam initially experienced some anxiety and headaches from taking Ritalin but these ceased when the dosage was adjusted to 40mg once a day, instead of 40mg in three separate doses.
Two other experts testified that Mr Nam had “entirely normal and extremely high-level cognitive abilities and there was no reason to preclude him from holding a medical certificate and piloting an aircraft”.
However CASA again determined not to issue Mr Nam a class 1 or class 2 medical certificate, prompting him to refer the matter to the Administrative Review Tribunal.
Despite further evidence Ritalin “enhanced his overall performance”, the Tribunal ruled it would “be reckless to allow a person on medication for ADHD to fly, when the learnings are not sufficiently developed to know what effect the medication will have”.
The concerns centred on the active ingredient in Ritalin — methylphenidate hydrochloride — a central nervous system stimulant intended to improve attention and decrease hyperactivity and impulsivity.
Side effects can include increased blood pressure and heart rate that could raise the risk of heart attack, dizziness and psychosis.
Consultant pharmacologist to CASA, Professor Jonathon Arnold said too little was known about the effects of flying at high altitude on the drug, which made it hard to predict how well the medication would maintain its therapeutic effects.
The Administrative Review Tribunal ruled that the risks associated with flying on methylphenidate could not be eliminated, even if there were no side effects for a while.
It was acknowledged by Dr Tofler that Australia is not the only country where methylphenidate is a “disqualifying medication” for pilots, with the US, UK and Israel taking the same position.
“The approach of overseas flying authorities is relevant because it provides evidence of the risks of flying on methylphenidate,” said Tribunal deputy president Peter Britten-Jones.
Justice Hespe found legislation directed CASA to regard the safety of air navigation as the most important consideration in exercising its powers and performing its functions.
“Mr Nam did not contest the factual conclusions reached by the second tribunal that it is not known whether exposure to high altitudes influences the metabolism of methylphenidate such that the risk to the safety of air navigation could neither be evaluated nor managed,” said her judgment.
She said on that basis it would be wrong of CASA to issue a medical certificate if it had “reasonably formed a view that to do so would prejudice the safety of air navigation”.
“For these reasons, the appeal must be dismissed.”
No order was made as to costs.
ADHD diagnoses in adults have risen sharply in the last decade, with the Medical Journal of Australia reporting a doubling of cases between 2013 and 2022, and a 300 per cent boom in prescribed medications.
The explosion of cases has been attributed to growing public awareness through social media platforms such as TikTok where ADHD-related content has had over 36 billion views.