Terminally Ill Patients Lose Right To Lifesaving Drugs
In an unbelievable decision to anyone faced with a terminal illness, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that terminally ill patients may be denied access to potentially lifesaving drugs.
In an 8-2 ruling, the court decided that it’s unacceptable to risk speeding up the deaths of terminally ill patients by using experimental drugs without proven benefits.
But shouldn’t someone facing a certain death have the right to try anything to save himself (as long as it doesn’t harm others)?
True, these patients may die faster by taking experimental drugs. But they may also be helped.
It’s Their Risk To Take
Or at least it should be.
You have to wonder what the court is thinking here. Are they really trying to protect the terminally ill?
I can’t understand how prolonging someone’s death helps him if you’re denying that patient a chance, however slim, at life.
So I don’t believe that this court decision is really aimed at protecting the terminally ill.
Then why would they make this ruling?
Perhaps to protect a larger population of healthier patients.
These healthier patients might never get access to drugs that could benefit them if the drugs make terminally ill patients die.
Drug Companies Also Benefit From This Decision
A lot of research and development money could be lost if the terminally ill have bad outcomes. They could shut down the clinical trials of new drugs before they’ve been fully investigated on a larger population of patients.
Still, it’s hard - and seemingly hardhearted - to argue that terminally ill patients don’t have the right to take any risk to save their lives.
I think one possible solution is to legally separate the data from clinical trials for FDA approval from the data on drug usage by terminally ill patients.
That way, the effects on the terminally ill won’t stop beneficial drugs from reaching healthier patients who may have better outcomes.
Of course, there may be a public relations problem with continuing to investigate drugs that have harmed terminally ill patients.
But we wouldn’t have that information anyway under the current rules.
So patients in traditional clinical trials are not protected from harm by this court decision.
The only people who stand to lose are the terminally ill who have lost already.
Why not give them a chance at life?
Technorati Tags: terminal illness, experimental drugs, clinical trials










August 8th, 2007 at 4:48 pm
This doesn’t seem right to me. Why shouldn’t terminally ill patients be allowed to do whatever they want? If they want to gamble their lives on a drug that may save them, that sounds reasonable to me. I think I’d want to do it.
August 8th, 2007 at 5:12 pm
Congress needs to get involved and change this. Courts rule on the law, not on what’s morally right and wrong. This is wrong.
August 8th, 2007 at 5:20 pm
I don’t understand legal stuff so I don’t know why this is right legally. But how come one court says it’s legal to give experimental drugs to the terminally ill and another says it’s not and it’s all the same case? While they battle back and forth about stupid legalities, a lot of innocent people are dying.
August 8th, 2007 at 6:07 pm
I think the terminally ill should have access to drugs that can save their lives, but I can see where the drug companies are coming from, too. If people find out that a drug kills people, even if they were going to die anyway, no one’s going to want to take that drug. You can legally separate drug trials, but you can’t separate public opinion. We could lose a lot of good drugs that way.
August 8th, 2007 at 8:10 pm
This is like saying to a drowning man, I’d throw you a life preserver, but it hasn’t been tested yet. I wouldn’t want you to die from toxic chemicals in the plastic. He’s going to die anyway, who cares how, just let him take the chance on the life preserver.
August 8th, 2007 at 8:43 pm
What if the terminally ill patient outlives how long the doctors told him he would have to live? No one knows exactly when they’ll die, not even someone who’s terminally ill. But if you take a drug that kills you because it hasn’t been tested, you’ve lost a chance at life.
Still, if I was terminally ill, I’d probably take the drug and try to save my life.
August 8th, 2007 at 9:59 pm
Sad. Just sad to take away someone’s hope for life.