Fighting for Your Life in America: A Study of Right to Try Laws Throughout the Country

(Excerpt) This Note argues that there should be a federal statute granting terminally ill patients access to experimental drugs, but that the Trickett Wendler Act, as written is not the proper vehicle for change. An ideal congressional “Right to Try” statute should be crafted to make experimental drugs realistically obtainable for terminally ill patients while protecting those patients and their quality of life. The Trickett Wendler Act’s weaknesses prevent it from reaching this objective because it is too deferential to already unclear state Right to Try laws. Part I explores the right to try movement generally, explaining what a “right to try” is and the obstacles currently standing in its way. Part II examines and critiques different “Right to Try” laws that have been adopted in the states. Part III proposes a model congressional “Right to Try” bill