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Politics : Stockman Scott's Political Debate Porch -- Ignore unavailable to you. Want to Upgrade?

To: Suma who wrote (38492)	2/26/2004 10:04:27 AM
From: lurqer	Read Replies (1) \| Respond to of 89467

Illinois Couple Sues Over U.S. Drug Import Ban By Ceci Connolly Washington Post Staff Writer Thursday, February 26, 2004; Page A13 An elderly Illinois couple, saying they are unable to pay as much as $1,000 each month for prescriptions, plans to venture into the war over drug imports today by filing a lawsuit against the government, arguing it is unconstitutional to prevent them from purchasing life-saving drugs at a lower price in Canada, their lawyer said yesterday. With the encouragement of Illinois Gov. Rod Blagojevich (D), Ray and Gaylee Andrews seek to open a new line of attack against the unpopular law prohibiting Americans from ordering low-cost prescription drugs from foreign countries. For the second straight day, federal and state officials sparred over the politically volatile issue. Health and Human Services Secretary Tommy G. Thompson moved to quell the growing firestorm by announcing plans for a year-long study of the issue. But Democrats quickly attacked his selection of Food and Drug Administration Commissioner Mark McClellan, an outspoken critic of importation, as chairman. "It gives new meaning to putting the fox in charge of the chicken house," said Sen. Byron L. Dorgan (D-N.D.), who a day earlier threatened to stall McClellan's nomination to head the federal Medicare program because of his campaign against drug importation. At the FDA, associate commissioner Peter Pitts said he could not comment on the lawsuit, but he criticized a new Internet page created by the governor of Wisconsin to help residents shop for cheaper drugs at Canadian pharmacies. The site is "a well put-together snake oil site," Pitts said. "It's got more legal jargon than you can shake a stick at." "It would be nice if the FDA would spend more time helping seniors and less time attacking Republican and Democratic governors," responded Dan Leistikow, spokesman for Gov. Jim Doyle (D-Wis.). "The Web site [www.drugsavings.wi.gov] is easy to use, easy to navigate and it will allow people to order drugs from Canadian pharmacies the state has checked out." The FDA has been battling a nationwide rebellion against the drug reimportation restrictions, which began with handfuls of senior citizens but has now enlisted mayors and governors desperate to reduce state spending on health. In a series of strongly worded letters, the FDA has warned it is illegal and unsafe to shop for medications in other countries -- or city and state programs to facilitate purchases. Two mayors and two governors have ignored those warnings. "The high cost of prescription medicines in the United States is unsustainable, plain and simple," said Gov. Tim Pawlenty (R-Minn.), who endorsed two Canadian mail-order pharmacies after state regulators inspected them. "In Minnesota, we are moving ahead with an innovative approach to enable our citizens to bring those costs down. . . ." The complaint, expected to be filed in U.S. District Court in Washington, asserts that the couple's "access to medical choices is restricted in ways that violate the Constitution," said Chicago lawyer Robert Clifford. He said the FDA violates the equal protection clause by "winking at people who drive across the bridge from Detroit to Windsor, Canada" for medicine while threatening to prosecute people who buy the same drugs through the mail. washingtonpost.com lurqer