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Terminally ill have 'fundamental right' to unapproved drugs.

Publication: Trial
Publication Date: 01-JUL-06
Format: Online
Delivery: Immediate Online Access
Full Article Title: Terminally ill have 'fundamental right' to unapproved drugs.(Washington, D.C.)

Article Excerpt
In a decision many lawyers believe will end up before the Supreme Court, the District of Columbia Circuit has ruled, 2-1, that terminally ill patients have a "fundamental right" guaranteed by the Due Process Clause of the Constitution to obtain experimental drugs that have not been fully approved by the FDA. (Abigail Alliance for Better Access to Developmental Drugs v. von Eschenbach, 445 F.3d 470 (D.C. Cir. 2006).)

The decision reinstates a lawsuit that sought to enjoin the FDA from barring the sale of post-Phase I investigational new drugs--those considered safe for expanded human testing--to terminally ill patients who...

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