Is it illegal for Amtrak to limit the amount or quantity of medication a passenger brings on board in his/her carry-on, provided the medication is prescribed to the passenger and the passenger also has a doctor's note indicating the passenger's need for the medication. Other relevant info: the medication is temperature-controlled and CANNOT be checked, since checked baggage on trains is not stored in a temperature-controlled environment.
Additional notes: these are pre-filled syringes of a Multiple Sclerosis medication. I am moving from one state to another and was told I could, at "the conductor's discretion," be denied access to the train.
Dear Customer, thank you for choosing Just Answer. I would like to assist you with your question today.
Amtrak, like other common carriers, allows passengers to carry "Required medical devices and medication" (http://www.amtrak.com/carry-on-baggage).
From your post, it appears that you may be planning on bringing a particularly large amount of medications (beyond the "required medications" for a common journey or trip) and more in line with transportation of medications. Amtrak would be within its rights for denying transport for this amount of medication as it may qualify as a "shipment" as opposed to travel. Whether or not an individual conductor would find this distinction would be a different matter.
There are other options and it is possible to ship large amounts of personal medications from one location to yourself at another location using services such as USPS or competitors such as FedEx, they each provide special shipping for medications requiring temperature regulation and control.
Again, I do not know whether or not the conductor would make such a distinction, and the interpretation is vague at best meaning you could argue that the meaning "required medical devices and medication" means all of your medication, therefore you are within your rights to carry all of it, but there is no guarantee of this interpretation.
I am moving from one state to another. I don't want to use FedEx or UPS because if anything happens to these medications in transit, my insurance company will NOT replace them. We're talking $15,000 of medication. It is 5 months' worth of 7-8 different medications, but strictly for personal use.
If I am prevented from transporting it in my carry-on baggage, does this not constitute a violation of the ADA?
I guess I will have to cancel the reservation then.
This is a shame----I already canceled with an airline because the TSA basically said the same thing (that they have the discretion to determine whether the amount of medication I am carrying is "reasonable" or not).
The sad part is that this means I will not be able to relocate for my new job. I have no car and no way to get to my destination (which is 2,000 miles away).
Thanks for your help.
I really am too scared to risk shipping the meds.
I truly appreciate all your help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).