Why can't we sue under the ADA act, if we can't get our meds ?

Hello all, I've been disabled sine 2003 with lower back pain. This month is the first time ever that I can't find my pain meds, I've spent over 10 hours and have been to 32 pharmacies over 3 days looking for it. Publix is a waste of time, they don't carry pain meds. I called the FDA Friday to complain, tomorrow im calling the board of pharmacies to complain, I found the executive director phone number online, I am just so edit over this subject !! So I wish I could sue the FDA or the DEA over this crap. How can this be done? How can they deny someone who's disabled their medication ?

I see that you are new to Healing Well. I have edited a word out of your post. Healing Well has rules in place set out by the owner/administrator & members are expected to honor these rules. Since we never know the ages of the people that read these posts we need to keep it clean. Healing Well is very much a family oriented website. Thanks.

Post Edited By Moderator (straydog) : 11/30/2014 5:31:10 PM (GMT-7)

Hi Floridabites & welcome to the chronic pain forum. Now I understand why you are having difficulty getting your medication. That seems to the case for many people in Florida these days. What was the reason given to you by the pharmacy for not filling your script? What pharmacy were you normally getting your medication filled at? If you will look on page 2 or 3 there is a thread about one of our mods not being able to get her meds filled at Walgreens where she had always got the script filled at.

With all the new rules & guidelines that are in effect it is getting very difficult for people to get their meds because the pharmacies are setting their own rules. Most pharmacies now will only order a certain amount of medication per month. Pharmacies have the right to refuse to fill prescriptions.

I suggest getting back with your dr to let him/her know what is going on. Take care.

Well - as far as filling other meds there, pharmacies can only have a certain percentage of outgoing scripts be Scheduled meds (Schedule II maybe only), as far as I know. So I do understand why they'd want you to do that. But still, what a pain.

One of the 'red flags' for an abuser/diverter is that they're not on any other pain meds, such as an anti-inflammatory, or a nerve pain med. I'm on one, and some other stuff, plus there is a pharmacy right at my PM doc's office which is a specialty pharmacy, they do compounding and such for cheaper than I can find anywhere else.

I'm really behind you here and I hope you don't have to suffer too long. Hugs!

As far as suing under ADA, I don't see there being a successful suit. Even if someone was receiving SSA Disability, they aren't the only ones who can't get their meds. It isn't restricted to only those who are disabled. It is also those who have had surgery and have just been injured.

This time of year there is a shortage of Schedule II meds because the manufacturers have reached their quota for the year. They can't manufacturer any more until 2015 and that can take several weeks.

I found out yesterday that all the pharmacies can make their own bylaws and the government is doing nothing about it. So there is NO law saying you have to fill it where you live, but the pharmacies are playing God and have the right to refuse service to anyone. So far I called my congressman, my state representative, the FDA, the board of pharmacies in Florida and have squat to show for it. I tell them all I will call you everyday until something is changed..

Horay !!! After 40 pharmacies I finally got it filled today !! Interesting fact, pasco county's sheriffs dept has a special dept to help people in my situation, they called me so I know they have one.