Question:

I'm seeking a cure for my type 2 diabetes with a cancer med named Gleevec (imatinib) which the VA refuses to give. The FDA states it's at the MD's discretion but they claim it's experimental. I am being treated with the standard medical medications. I spoke to a cardiologist who okayed its use. Can I sue the VA and force them to give me the med legally? THANKS JIM!

Jim's Reply:

Can you sue the VA for not giving you a medicine (Gleevec) that is unapproved as a treatment for type 2 diabetes? Yes, of course you can. Every veteran should have the right to tell accredited doctors and pharmacists how to prescribe hugely expensive drugs on a whim because the vet hard an Internet rumor. What could go wrong?

But first, show me where FDA says it's at physicians discretion. Please. I've never seen those words in print by FDA before.

The next thing you have to do is find a lawyer to help....one with experience in suing the VA. You'll have to pay the lawyer of course...probably a $10,000.00 retainer would get you started. As you go along I'd guess you'll spend maybe 5 times that. And you'll lose your case because this is as frivolous as it gets, but you'll have had your fun, right?

What I don't get is why doesn't the cardiologist you talk of write you a prescription just as he would any other medicine and you fill it at a civilian pharmacy? If you're willing to pay a lawyer to sue the VA why not just pay for the medicine yourself? Or were you hoping for a free lawyer? 

The cost for Gleevec oral tablet 100 mg is around $8,808 for a supply of 90 tablets and of course since it is meant to treat cancer, not diabetes, you'll have wasted time and money. Or...you could try diet and exercise. It's your choice.