Seniors Sue Government for Right to Buy Drugs in Canada An Illinois couple is filing suit against the federal government, arguing it is unconstitutional to prevent them from buying cheaper prescription drugs from Canada. Ray and Gaylee Andrews, both 74, pay as much as $800 each month for prescriptions for ailments that include arthritis, high blood pressure, heart and stomach problems, and asthma. It is an amount the Elk Grove, Ill., couple say has depleted their savings and is forcing them to sell their home of 34 years. Ray is employed by Wal-Mart; Gaylee works for a marketing company. "We're not just doing this for ourselves," she said. "We're worried about our children, we're worried about other seniors we have seen who have to choose between their food and their medication." This is believed to be the first individual lawsuit against the drug importation ban. Protecting Drug Companies’ Profits?   With the backing of Illinois Gov. Rod Blagojevich, the Andrewses are suing the Department of Health and Human Services and the Food and Drug Administration, seeking to overturn the federal law prohibiting Americans from importing cheaper prescription drugs. They say they could save more than $300 every month if they were allowed to purchase prescription drugs from Canada. "We have been working for the past six months or so to urge the FDA to stop acting as the guardian for the big drug companies and to protect a price structure that guarantees the big pharmaceutical companies huge profits at the expense of American consumers," said Blagojevich, a Democrat. Illinois is one of a number of states pushing for drug importation. Two states, Wisconsin and Minnesota, now have Web sites directing citizens to Canadian pharmacies. The FDA has threatened legal action against cities and states helping people import Canadian drugs. The agency argues it cannot guarantee the safety of imported drugs. FDA Associate Commissioner William Hubbard says he understands "American's desire to find cheaper drugs." But," Hubbard said, "The FDA is concerned that cheap drugs that aren't safe are not a bargain." ‘Something Needs to Be Done’ The Bush administration announced Wednesday that it would conduct a yearlong study to investigate the possibility of safely importing prescription drugs. Health and Human Services Secretary Tommy Thompson appointed FDA Commissioner Dr. Mark B. McClellan to chair the commission. But McClellan has led the charge against Canadian drug imports. Critics say he should not head up this review of the issue. Sen. Byron L. Dorgan, D-N.D., said he was astounded that the administration would put McClellan in charge of the study. "It's like putting the fox in charge of the chicken house," he said. "Dr. McClellan has clearly made up his mind not to allow importation and has done everything in his power to stop it." Meanwhile Ray and Gaylee Andrews are hoping their lawsuit will help change federal law, not to mention save them some money. For now, they both continue to work part time to earn money to pay for medications, and they will soon sell their home. "We don't know what else we can do, something needs to be done," said Gaylee Andrews. "It is all we can do." This story originally came from ABC news. Return to the Media Section

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