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Do patients have the right to demand experimental medications?

This article was published in Scientific American’s former blog network and reflects the views of the author, not necessarily those of Scientific American



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In the October 2007 issue of Scientific American, we cover a controversial lawsuit that challenges the FDA's system of controlling access to drugs that are still in clinical trials. From the article:

Abigail Burroughs was only 21 when she died. If her father and his supporters get their wish, however, she will attain a kind of immortality, joining Brown, Griswold, Roe and Miranda in the band of ordinary citizens whose personal travails have permanently changed the way Americans live.

A lawsuit, Abigail Alliance for Better Access to Developmental Drugs v. Andrew von Esch en bach, contends that government regulations kept Burroughs from obtaining potentially lifesaving experimental cancer medicines that her doctor recommended, violating her constitutional right to defend her life. The U.S. Court of Appeals in the District of Columbia ruled against this claim in August, and the plaintiffs plan to appeal to the U.S.
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