Sacrificing the Good of the Few for the Good of the Many: Denying the Terminally Ill Access to Experimental Medication
Matthew R. Madara, 31 W. New Eng. L. Rev. 535 (2009)
(An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.)
The ultimate conclusion of this Note is that the initial appellate decision took the proper approach to the issues presented by the Alliance. Both the Due Process Clause of the Fourteenth Amendment and Supreme Court precedent support the right for mentally competent, terminally ill patients, with no other viable means of treatment, to make reasoned and informed decisions regarding their own treatment. If an individual elects to attempt to prolong his life by undergoing treatment with experimental medications, the FDA should not impose a barrier to access simply because it has not conclusively determined the safety and efficacy of the medication.
