Article: Appeals court revives lawsuit that seeks access to experimental drugs for terminally ill patients

ANDREW BRIDGES, Associated Press Writer
AP Worldstream
05-02-2006
Dateline: WASHINGTON
Terminally ill patients seeking access to experimental, unapproved drugs won a legal reprieve Tuesday in a federal appeals court.

A three-judge panel reinstated a lawsuit filed on behalf of the patients and returned the case to district court, which had dismissed the case in 2004.

The Abigail Alliance for Better Access to Developmental Drugs and the Washington Legal Foundation sued the Food and Drug Administration in 2003, seeking access for terminally ill patients to drugs that have undergone preliminary safety testing in as few as 20 people but that have yet to be approved.

Agency approval of drugs ...

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