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Case ID: 3252 | Drugs / Medical | 03/22/2004
A class action has been filed against the U.S. Department of Health and Human Services on behalf of prescription drug purchasers, who allege that the federal prohibition on the importation of prescription drugs from Canada by anyone other than the manufacturer violates their constitutional rights on numerous counts. The action seeks a lifting of the present ban, and the prevention of future strictures on importation.
Named plaintiff Ray Andrews and his wife, Gaylee, live in a suburb of Chicago. They are senior citizens who need prescription medications for treatment of diabetes, high blood pressure, arthritis, and asthma. Their drugs, if purchased in Illinois, would allegedly cost them between $800 and $1,000 per month, but they could save between 26 percent and 67 percent on particular drugs if they could buy them in Canada. Illinois Governor Rod Blagojevich, one of several state governors seeking to cut health care costs by importing drugs from Canada, issued a statement supporting the lawsuit. He said that, if it succeeded, his state and other government entities could go ahead with their import plans. In addition, he said, "Ray and Gaylee Andrews can buy their prescription drugs from Canada, and never have to worry about being prosecuted by the FDA for it." The lawsuit claims that the import ban is unconstitutional for a range of reasons: (1) it violates the Andrews' right of privacy by unlawfully restraining their autonomy to make important personal medical decisions; (2) it infringes on their right to equal protection through an irrational enforcement policy that draws an arbitrary distinction between persons who reside in areas adjacent to Canada --who are not prevented from traveling to Canada to purchase prescription drugs for personal use-- and persons who do not reside near the Canadian border (whose efforts to purchase Canadian prescription drugs for personal use by mail order are actively interdicted and prevented); and (3) it deprives the couple of liberty and property interests through an arbitrary policy that is not tailored to serve a compelling government interest. Governor Blagojevich and other critics of the U.S. ban on imports say its main purpose is protecting the financial interests of the pharmaceutical industry. However, HHS and FDA officials say there is already a major problem with counterfeit and other unsafe drugs produced abroad, and allowing unregulated imports would only make the situation worse. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest KGS is investigating lawsuits related to the cholesterol-lowering drugs Zetia (ezetimibe) and Vytorin (a combination of ezetimibe and simvastatin). Zetia was introduced in 2002, and by 2003, it was on the list of top-selling drugs with more than 4.2 million prescriptions written that year. The combination drug Vytorin was introduced one year later, in 2004, but the FDA reviewer of Vytorin recommended against approval of Vytorin. (For excerpts of the recommendation, see www.worstpills.org/public/newsletter.cfm?n_id=353)
A class action has been filed against disease management program provider Matria Healthcare, Inc. (Nasdaq: MATR) and certain of its officers and directors by stockholders who purchased the company's common stock between October 24, 2001, and June 25, 2002. A class action has been filed against Piedmont Medical Center Hospital in Rock Hill, South Carolina, on behalf of all patients who were treated from January 1, 1997 to the eventual date of any judgment in the action, alleging that the Tenet Healthcare-owned facility overcharged them in violation of its own price gap contract provisions that are designed to keep it from being the most expensive hospital in the vicinity. Illiana Surgery and Medical Center is settling a class-action lawsuit filed by former and present employees who claimed the company failed to transfer deductions from their wages to a self-funded employee health care plan. The lawsuit claims that workers were forced to pay unnecessary medical bills, some equaling many thousands of dollars.
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