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Federal Right to Try: Where Is It Going?
The Hastings Center Report
|April 19, 2019
Summary
Federal right-to-try laws aim to increase patient access to investigational medical products. However, this review suggests these laws may not significantly improve access and could be exploited by companies to sell unapproved drugs.
Area of Science:
- Medical Law and Ethics
- Pharmaceutical Policy
- Patient Advocacy
Background:
- The federal right-to-try law has sparked debate among policymakers, bioethicists, and patient advocates.
- Key issues include patient autonomy, government regulation of unapproved drugs, and medical paternalism.
Purpose of the Study:
- To analyze the history and arguments surrounding the right-to-try movement.
- To evaluate the potential consequences of federal right-to-try legislation on patient access to investigational therapies.
Main Methods:
- Review of the historical development of the right-to-try movement.
- Analysis of arguments from proponents and opponents of right-to-try laws.
- Examination of potential regulatory and commercial implications.
Main Results:
- The right-to-try pathway may not substantially enhance patient access to investigational products.
- Companies might leverage right-to-try laws to market drugs, exploiting cost provisions due to weak enforcement mechanisms.
Conclusions:
- Federal right-to-try legislation presents complex ethical and regulatory challenges.
- The effectiveness and potential for misuse of these laws warrant careful consideration and monitoring.

