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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:
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
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