Thursday July 9 5:25 PM EDT
Kaiser sued for not covering Viagra
By TERRI VERMEULEN

LOS ANGELES, July 9 (UPI) - An elderly Southern California man has filed the first lawsuit against Kaiser Permanente, the nation's largest health maintenance organization, over the company's decision not to cover costs for the anti-impotence drug, Viagra.

The lawsuit, filed this week on behalf of 77-year-old Louis Marcil in Los Angeles Superior Court, alleges that Kaiser Permanente engaged in fraudulent and unfair business practices, false advertising and intentionally misled consumers by denying benefits for Viagra.

Marcil's lawyer, Frank Darras, told UPI today that Kaiser Permanente has been bombarding senior citizens in California with advertising material that claims it will cover ``all serious health care'' needs, but refusing to pay for Viagra even when Kaiser doctors recommend it for patients.

Kaiser Permanente, which has 9.1 million members in 19 states and Washington DC, announced last month that it wouldn't cover Viagra because national coverage of 10 Viagra pills a month would cost at least $100 million a year.

Darras says Marcil paid $50 for five pills when he learned Kaiser wouldn't cover the costs, but can't afford to continue paying that much.

The Burbank man, who's been married nearly 52 years, was left impotent following radiation treatment for prostate cancer in 1996. He says Viagra ``really does work.''

Similar lawsuits have already been filed against Aetna and U.S. Healthcare.

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