Elk Grove Village Couple Sues for Access to Canadian Drugs

Working with Gov. Rod Blagojevich and one of his major political donors, an Elk Grove Village couple filed suit Thursday seeking to force the Bush administration to allow Americans to legally buy prescription drugs from Canada.

Ray and Gaylee Andrews, both 74, filed the action in U.S. District Court in Washington contending their right to privacy had been violated by Medicare legislation that prevents them from purchasing cheaper drugs from Canada.

The couple said they have to spend $800 a month on prescription drugs and that has wiped out their savings and may force them to sell their home.

"Once we thought we would be living our golden years together and enjoying our children and grandchildren and great-grandchildren, but instead we are forced to work part-time jobs to supplement our medical bills," Gaylee Andrews said, breaking down in tears. "It costs $800 a month and is driving us bankrupt."

Andrews spoke at a news conference orchestrated by Blagojevich, who is concert with U.S. Rep. Rahm Emanuel (D-Chicago) has sought to make the drug importation question a major election year issue.

Blagojevich encouraged others to join the Andrews’ lawsuit, saying that if it succeeds Illinois and other governmental bodies will be free to import cheaper prescription drugs from Canada.

The couple are being represented by attorney Robert Clifford, who donated $214,000 to Blagojevich’s 2002 campaign for governor. Blagojevich and Clifford have also had a business relationship. When Blagojevich was elected to the U.S. House in 1996, he referred some unresolved cases from his legal practice to Clifford, who later paid Blagojevich more than $728,000 as his share of legal fees from those cases.

Blagojevich said the governor’s office put the Andrews in touch with Clifford.

Named as defendants in the lawsuit are the Food and Drug Administration and Tommy Thompson, secretary of the Department of Health and Human Services.

William Hubbard, the FDA associate commissioner for policy and planning, said the agency has prevailed in other legal actions as it sought to prevent importation of Canadian drugs and believes it will in this case.

"Our lawyer took a quick look at it and thinks it has no merit and will not be a difficult case to win," Hubbard said.

Hubbard acknowledged that some prescription drugs are cheaper in Canad and encouraged patients to buy generic drugs whenever possible, saying generic drugs are cheaper in the U.S. than in Canada.

"It’s wrong when someone has to go to a foreign country to get drugs," Hubbard said. "We admit that, we agree to that and Congress needs to do something about it."

Blagojevich has increased pressure on the FDA to allow Illinois to import drugs from Canada, which he said could save the state as much as $91 million. But the FDA has refused, saying it can’t guarantee the safety of imported drugs.