Yes, the Viagra legal battles have begun.

In a suit filed in federal district court in New York two weeks ago against managed care provider Oxford Health Plans, the Lieff-Anderson legal team seeks injunctive relief, damages and -- of course -- attorneys fees to force Oxford to cover Viagra prescriptions for all impotent men in its plans (which the complaint estimates at more than 1 million). The novel suit contends that ERISA, the federal employment benefits statute, strips insurers of discretion to limit or restrict Viagra coverage in any way.

If ever there were a case proving that national health policy should NOT be made through litigation, this is it.

Whether health insurance should pay for Viagra -- and if so, how much -- is a complicated question. Why? Because Viagra, while effective in treating a bona fide medical disorder, also improves the sexual performance and satisfaction of people who are more or less normal. It is one of a handful of new medical technologies (the baldness medication Propecia is another) that are valued in the marketplace because they make consumers feel good -- more virile perhaps, or younger looking, or more sexually satisfied.

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