From the LA Times:
Dying people do not have the right to obtain unapproved drugs that are potentially lifesaving, even if their doctors say the treatment offers the best hope for survival, a U.S. appeals court in Washington ruled Tuesday. In an 8-2 decision, the court said federal drug regulators are entrusted by law with deciding when new drugs are safe for wide use.
Food and Drug Administration approval of drugs generally requires testing that can involve years of trials and thousands of patients. The families of terminally ill patients, several of whom died after they were denied promising drugs still being tested, filed the lawsuit. They said dying patients were far more willing to take risks and should not be forced to wait for new treatments to win final FDA OK.
Why not let people who are terminally ill use potentially life saving drugs — what’s the worst that could happen? They have nothing to lose and everything to gain.1156