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Case Detail


Abigail Alliance for Better Access to Developmental Drugs v. Eschenbach
Case Date:
7/28/2003
Project Name:
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:
7/28/2003: Download of the Complaint
8/30/2004: Download of the District Court Opinion
6/30/2005: Download of the Opening Brief
8/15/2005: Download of the Reply Brief
5/3/2006: Download of the Ruling
7/21/2006: Download the Brief
11/21/2006: Download U.S. Court of Appeals for the District of Columbia Circuit Opinion
12/29/2006: Download the Brief
2/12/2007: Download Rehearing Reply Brief
8/7/2007: Download U.S. Court of Appeals for the District of Columbia Circuit Opinion
9/28/2007: Download Petition for a Writ of Certiorari
Press Release: WLF and Abigail Alliance File Suit on Access to Lifesaving Drugs
Litigation Update: District Court Rejects Lawsuit On Access To Lifesaving Drugs
Litigation Update: WLF Asks D.C. Circuit To Allow Patients Access To Lifesaving Drugs
Litigation Update: Court Rules That Terminally Ill Patients Have “Fundamental Right” to Experimental Drugs
Press Release: Court Urged not to Rehear Ruling Granting Terminally Ill Patients Access to Experimental Drugs
Litigation Update: Court Agrees to Reconsider Whether Terminally Ill Patients Have Right of Access to Experimental Drugs
Press Release: Court Urged to Grant Terminally Ill Patients Access to Experimental Drugs
Litigation Update: Court Denies Terminally Ill Patients Access to Experimental Drugs
Press Release: Court Urged to Consider Whether Terminally Ill Patients Have Right of Access to Experimental Drugs
Litigation Update: Court Declines to Consider Whether Terminally Ill Patients have Right of Access to Experimental Drugs