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U.S. Passes 'Right to Try' Law Allowing Experimental Medical Treatments (chicagotribune.com)

schwit1 shared this article from the Washington Post: The House on Tuesday passed "right to try" legislation that would allow people with life-threatening illnesses to bypass the Food and Drug Administration to obtain experimental medications, ending a drawn-out battle over access to unapproved therapies. President Trump is expected to quickly sign the measure, which was praised by supporters as a lifeline for desperate patients but denounced by scores of medical and consumer groups as unnecessary and dangerous...

The FDA would be largely left out of the equation under the new legislation and would not oversee the right-to-try process. Drug manufacturers would have to report "adverse events" -- safety problems, including premature deaths -- only once a year. The agency also would be restricted in how it used such information when considering the experimental treatments for approval. Patients would be eligible for right-to-try if they had a "life-threatening illness" and had exhausted all available treatment options. The medication itself must have completed early-stage safety testing, called Phase 1 trials, and be in active development with the goal of FDA approval.

One Congressman opposing the bill argued that eliminating FDA oversight would "provide fly-by-night physicians and clinics the opportunity to peddle false hope and ineffective drugs to desperate patients," noting that the bill is opposed by over 100 patient advocacy and consumer groups.

16 of 169 comments (clear)

  1. Interesting balance by raymorris · · Score: 5, Insightful

    This is a topic I've thought about before and I see two sides to it.

    On the one hand, a person who is going to die of fatal illness should be allowed to try something that might save their life. "Proven safe and effective" is a good standard for headache medicine, but if you're almost certain die without it, "20% chance it might work" is worth a try.

    On the other hand, we don't want people peddling snake oil taking advantage of desperate people.

    The criteria in this law, fatal illness, a treatment that has already completed phase 1 trial, and is actively moving through the FDA approval process, sounds like a reasonable compromise between two opposing interests.

    1. Re:Interesting balance by SuricouRaven · · Score: 4, Insightful

      You have to be careful with laws. What it claims to do and what it actually does are not always the same thing. There's very little oversight in the law as written. There are also no safeguards against clinics who might use it as a legal justification to sell patients ineffective drugs at 'you'll die without it' prices.

      I think the problem is that the bill was not motivated by acting in the interests of patients, but by people following the ideological position that all regulation is wrong and the government needs to just step aside and let industry solve all our problems.

    2. Re:Interesting balance by Registered+Coward+v2 · · Score: 4, Insightful

      You have to be careful with laws.

      Exactly. This really doesn't change anything as far as access to such treatment is concerned, as major drug manufacturers do not have to provide medicines and insurance companies do not have to pay for non-FDA approved treatments; especially since, per TFA, the FDA approves almost all expanded access requests. A legitimate drug company has a number of reasons to not let early stage drugs out into the market willy nilly, the least of which is teh potential for lawsuits if it tuns out they are prove to be unsafe. It does however, allow shady operators to function with minimum oversight and limits the FDA's ability to oversee or use results when determining if a drug is safe and effective. Legitimate companies I can see the real beneficiaries as shady operators who take advantage of desperate people with the money to pay for expensive and unproven treatments.

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    3. Re:Interesting balance by AuMatar · · Score: 2

      Citizen's United is a court case, not legislation. Its named after the organization who sued (Citizen's United vs the United States was the court case)

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    4. Re: Interesting balance by realxmp · · Score: 2

      Business doesn't exist in the absence of contract, contract doesn't exist in the absence of something to enforce that contract. The reason you can have a scalable system of 1000s of futures contracts on tons and tons of wheat is that you know someone is that the rules are enforced by a central body who has a police force and an army to back up their promises. In the end that is the essence pf what government is, it's the collectives way of stopping individuals "cheating" and gaining an advantage by failing to honour contract, stealing, slavery, child labour, murder, etc. Failure to do this induces a "prisoner's dilemma" mentality where cooperation by rational individuals is limited because of a lack of guarantees.

      Unfortunately for free market puritans the collective will only enforce your deals with individuals if they get what they want enforced.

    5. Re: Interesting balance by shilly · · Score: 2

      Jesus, this is so confused it's difficult to know where to start. Let's just pick up on two points:
      1. It is literally impossible for a layperson to "think" their way into knowing whether a medicine is safe and effective. You cannot even be sure that the pill in front of you is the pill it purports to be, much less know whether statistical power was reached during the trials, whether the I/E criteria were appropriate, whether that particular batch was manufactured in accordance with GMP guidance on stability testing, whether the PIL explains the risks in a validated manner, or whether the dosage is what it purports to be but is in fact double or half. And if that drug is, say, insulin, then finding out you should have somehow "thought harder" about all this will be a bit pointless, because you'll already have had your hypoglycaemic attack and will be unconscious in hospital.
      2. What is this clever distinction you're trying to draw between regulation and prosecution? They're not the same category of thing. Is it between the civil and criminal law, with the latter good and the former bad? Why? This makes no earthly sense.

  2. So what is the problem they're trying to solve? by quantaman · · Score: 2, Insightful

    It sounds like a great idea, give patients a last chance they'd otherwise lack, but according to the article:

    The measure, championed by Sen. Ron Johnson, R-Wis., is designed to give patients an alternative way to obtain drugs not approved by the FDA. Currently, there are two options for patients seeking experimental medications: enrolling in clinical trials if they are eligible or participating in the FDA's "expanded access" program. The agency has said that it approves almost all such requests to that program.

    and

    Critics also note that drug companies, not the FDA, are the main obstacle to seriously ill patients getting unapproved drugs outside clinical trials. Manufacturers sometimes don't have large enough supplies to provide drugs outside trials or don't want to risk a safety problem involving a drug that has not yet passed FDA muster.

    It doesn't sound like anyone is denied effective treatment in the current system (unless they end up control in a clinical trial) so I'm not sure what the new bill is going to do other than potentially open the doors to snake oil sellers.

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    1. Re:So what is the problem they're trying to solve? by JBMcB · · Score: 3, Informative

      It doesn't sound like anyone is denied effective treatment in the current system (unless they end up control in a clinical trial) so I'm not sure what the new bill is going to do other than potentially open the doors to snake oil sellers.

      The bill protects doctors and pharmaceutical companies from liability for giving experimental treatments to terminally ill patients, which is one of the reasons drug companies don't want to give these out. Drug company liability has gone bonkers in the last few years - people are suing because chemotherapy drugs are causing their hair to fall out, and blood thinners are causing them to bleed more easily. It's insane.

      As long as the doctors and patients are fully informed that the drug is experimental I don't see a problem with this.

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    2. Re:So what is the problem they're trying to solve? by jythie · · Score: 2

      It might not do anything. One way to look at the bill is as a political move. The idea that the FDA is keeping treatments from people is a popular one, so people can hold up this bill as an example of 'doing something', even it ends up not actually widening access.

    3. Re:So what is the problem they're trying to solve? by quantaman · · Score: 3, Informative

      It doesn't sound like anyone is denied effective treatment in the current system (unless they end up control in a clinical trial) so I'm not sure what the new bill is going to do other than potentially open the doors to snake oil sellers.

      The bill protects doctors and pharmaceutical companies from liability for giving experimental treatments to terminally ill patients, which is one of the reasons drug companies don't want to give these out. Drug company liability has gone bonkers in the last few years - people are suing because chemotherapy drugs are causing their hair to fall out, and blood thinners are causing them to bleed more easily. It's insane.

      As long as the doctors and patients are fully informed that the drug is experimental I don't see a problem with this.

      Doesn't sound like that's a problem:

      Finally, expanded-access programs could bring liability exposure. Litigation in this arena, however, has been limited to obtaining access rather than seeking redress of treatment-related harm. The lack of adverse-event lawsuits may reflect the willingness of such patients to assume risks as well as the adequacy of existing regulatory and manufacturer safeguards.

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    4. Re:So what is the problem they're trying to solve? by Actually,+I+do+RTFA · · Score: 2

      As far as I can tell, the main goal is to pass a law called "The Right to Try", so people misinterpret the previous state of the world and they get credit for the existing right to try benefits.

      A side benefit is that doctors making life-altering decisions on experimental medicine are denied the benefits of knowing the current results independent testing in progress, making accidents more likely and doctors more dependent on big pharma. Sorry, I meant to write "decrease job killing regulation"

      People (especially, but not only journalists) need to stop writing about the titles/summaries of bills the author gives.

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  3. government power stroke by datavirtue · · Score: 4, Insightful

    Struggling to pass common sense laws about things the government should not be involved in is just a protracted way to further cement government power over everything in your life. The debate is always focused on a tangent. The goal which is always accomplished is for everyone to look to government to bless everything.

    If you are dying what right does anyone else on this planet have to say about what treatments you can try? Ethically, no one.

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  4. empathize with yourself and your family by Karmashock · · Score: 3, Insightful

    if you or someone related to you were dying... would you want the government forbidding you trying something that might work?

    Yes?
    No?

    A lot of things the government presumes to dictate are none of its business.

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    1. Re:empathize with yourself and your family by Actually,+I+do+RTFA · · Score: 5, Informative

      The governement was already not forbidding you. They were forcing your doctor to consult with the scientists running studies to make sure you were getting the best dose. Oh, and 0.1% of the time they said "those studies are going really bad, it's not an option.

      And yes, I want the government from forbidding me from getting desperate and having snake oil salesman make a bunch of pitches that won't work and I don't understand. (Again, 99.9% of the time they let the experimental treatment happen, withing 24 hours if you say its time critical.) I'm not educated enough about medicine, nor will I be thinking clearly enough.

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  5. That's a very interesting idea. Might be good by raymorris · · Score: 2

    > allow these experimental drugs to be administered, with limited liability so long as the drug has passed stage 1 approval and is seeking further trials, to patients with terminal illnesses that would otherwise die and for which no approved treatments exist... but that the drug companies offer these treatments for free to such patients as a part of their clinical trials.

    > And this would completely eliminate snake oil and hope peddlers looking to turn a quick profit on unregulated medication.

    That's certainly an interesting idea. A person wants to try something that might save their life. Drug companies want more data to know what dosage has what effects and side effects. Cool, just can't charge them for it, so that seems like it would largely eliminate snake oil salesmen.

    > The expense of making drugs, after all, is constantly claimed to be about the regulatory hurdles.

    Certainly the more regulation, the more expensive it is. (And hopefully safer). Also, the vast majority of new drugs never get approved. Something seems promising, so they spend $10 million on research and development, but it doesn't pan out. The pharmaceutical companies might go through that ten times before they hit on one that works well and has a large market. So while they spent $18 million directly on that medication, they spent $100 million to find the one that ends up being good.

  6. Except for marijuana. by shess · · Score: 3, Insightful

    You can try some random crap made up by a guy in a lab coat if you think it will help ... unless it's marijuana. You can't try that, it's far too dangerous for you.

    Or LSD, that's also been defined to not ever be useful for medical treatment under any circumstances. It's so not useful for medical treatment that you can't even research whether it might be useful.