At issue is how dying people can get access to unapproved medicines.
The FDA permitted two people infected with the Ebola virus to be administered ZMapp, even though the drug had not been approved for human testing. The Goldwater Institute goes to court Tuesday, Oct. 10, trying to force the FDA to reveal details on how dying people can get access to unapproved medicines. Attorney Jonathan Riches argues the public is entitled to know and that the case is about more than approving one drug in one instance. Riches asks,
“If the FDA can do that in this case, can it do it in other cases where other sick and dying Americans might need access to investigational drugs? How that happened shouldn’t be a government secret.”
His lawsuit dovetails with Arizona’s “right to try” legislation approved in 2014, which says doctors can prescribe drugs not yet approved by the FDA to terminally ill patients.
Read the arguments put forward by the plaintiffs and the FDA in The Arizona Daily Star