Supreme Court Dismisses Experimental Drug Case

By

Since the 1973 Roe v. Wade verdict that determined the Constitution provided adequate rights to allow women to choose abortion, the Supreme Court has faced many cases that center on Americans' rights to live and die. Recently, a case about experimental drugs provided the next chapter in this saga.

According to Reuters reports, the United States Supreme Court has refused to hear a case concerning the access terminal patients have to experimental drugs.

The original injury lawsuit was brought by the Abigail Alliance for Better Access to Developmental Drugs and the Washington Legal Foundation against the United States Food and Drug Administration (FDA). The two advocacy groups sought greater access to experimental and unapproved drugs for terminal patients.

Current FDA policy strictly prohibits drug makers from selling unapproved drugs to clients, reports the Los Angeles Times. And because the FDA drug approval process can take as long as 10 years, many terminally ill patients never have a chance to try drugs that could potentially save their lives.

A 1997 ruling from the high court refused terminally ill patients the right to take lethal medication.

Because their case sought a right to live, representatives from the advocacy groups allegedly hoped the Supreme Court would be more sympathetic to their cause.

But despite lawyers' arguments that denying dying people access to medication goes against the constitutional right to life and liberty, the Supreme Court refused to hear the case. Plus, the FDA maintains that untested drugs could be ineffective and even harmful to those desperately seeking a cure.

Some attribute the refusal to hear the case to a supposed reluctance on the part of the Supreme Court to hear cases that would give people "new rights."

In fact, many personal injury cases have resulted from defective drugs - thorough testing is undoubtedly necessary before new products are made available to the general public. But critics of the system have reportedly noted that trial groups for new drugs are often too small, too specific (restricted by age, for example) or too far away to be useful to some terminal patients.

The issue is certainly a difficult one; perhaps it's no wonder the Supreme Court opted out of hearing the case's appeal.

Some sources suggest that the Bush administration encouraged the Court to dismiss the case, as legislation passed in 2006 was intended to broaden the rights of terminal patients looking for alternative treatment sources.

Cases of this nature will certainly play into life in the United States in the future. Visit Total Injury for the latest news on defective drugs and the right to take experimental drugs.


» Back to Injury Articles

Copyright © 2011 TotalInjury, LLC. (as licensee). All rights reserved.

Submit ZIP Code
Or, call us anytime. Available 24/7: 855-694-9176

Some bumps and bruises are a natural part of life. But when your pain is caused by reckless behavior, abusive behavior or negligent practices, Total Injury is there.

If you were injured as a result of someone’s negligence or intentional actions against you, you may have the right to compensation for any injury, damage or loss caused by the person at fault. About Us »

Attorneys: We help clients find you! Call 877-349-1307

PAID ATTORNEY ADVERTISEMENT. THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Injury is not a law firm. Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total Injury does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total Injury does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 400, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here.

FLORIDA ONLY: Total Injury is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total Injury is a group advertisement and not a lawyer referral service.

If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.