Article: Court revives suit that seeks access to experimental drugs for terminally ill patients

ANDREW BRIDGES, Associated Press Writer
AP Worldstream
05-03-2006
Dateline: WASHINGTON
Terminally ill patients, seeking early access to experimental drugs unlikely to be approved before they die, won a legal reprieve in a federal appeals court.

A three-judge panel on Tuesday reinstated a lawsuit against the Food and Drug Administration filed on behalf of the patients and returned the case to district court that had dismissed it in 2004.

"Barring a terminally ill patient from the use of a potentially lifesaving treatment impinges on this right of self-preservation," Judge Judith W. Rogers wrote in the 2-1 opinion from the panel of the U.S. Court of Appeals for the District of Columbia Circuit.

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