D.C. Circuit on a Right to Medication

Today the D.C. Circuit ruled, in an opinion written by Judge Rogers and joined by Judge Ginsburg, that:

the right of a mentally competent, terminally ill adult patient to access potentially life-saving post-Phase I investigational new drugs, upon a doctor's advice, even where that medication carries risks for the patient.

The decision is Abigail Alliance for Access to Better Drugs v. Eschenbach.

Hat Tip: Orin Kerr.


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