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ARTICLE · 23 MARCH 2018

Federal Right To Try Legislation - Is It Any Better - 2018 Edition

A little more than six months ago, we reviewed then-pending federal right-to-try legislation.

United StatesLitigation, Mediation & Arbitration

A little more than six months ago, we reviewed then-pending federal right-to-try legislation. Since then it's become a shiny object, capable of distracting those governing the country from more important matters. One version, H.R. 5247, just passed the House of Representatives. Another version, S. 204, which we reviewed in our prior post, passed the Senate last August.

Setting aside from our general view that right-to-try legislation isn't enough (if any) of an improvement over the FDA's already operating compassionate use program to be worth the legislative bother, is this version any better than the last?

The answer is yes.

First of all, it's more limited. The prior version applied to any "life threatening condition," without requiring that the threat be imminent. The House-passed bill is not as overbroad. This new version applies only to conditions with "reasonable likelihood that death will occur within a matter of months." That's much more in line with

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