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Case Detail


Abigail Alliance for Better Access to Developmental Drugs v. Eschenbach
On January 14, 2008, the U.S. Supreme Court issued an order declining to take up the issue of whether terminally ill patients have a "fundamental right" "protected by the U.S. Constitution" of access to experimental drugs that have not yet been fully approved by the Food and Drug Administration (FDA). The decision was a setback for WLF, which filed the petition for review on behalf of itself and the Abigail Alliance for Better Access to Developmental Drugs, a patients-rights group. The court's action marks the latest chapter in a five-year WLF effort to establish rights for terminally ill patients. Because of FDA's refusal to recognize such a right, WLF filed suit in 2003 on behalf of itself and the Abigail Alliance. In May 2006, a panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in WLF's favor on the issue. But in August 2007, a divided appeals court sitting en banc reversed that decision.
Case Status:
Loss.
More Information and Downloads:
12/29/2006: Download the Brief
7/21/2006: Download the Brief

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