Health Supreme Court Refuses Experimental Drugs to Terminal Patients (Read 1977 times)

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what I'm still not understanding

is why... we care what terminally ill people want to do with their bodies. or why we should tell them what they can and cant do for that matter. If they understand all the risks associated with their choices then why tell them no you cant do that fuck you. they're going to die anyway ffs, but I would hope it to be illegal to force these types of things on people so yeah

someone please help me straighten this issue out
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Because what if that one person takes the drug, and it cures him, but only him due to some specific circumstance in his body.  This is unknown of course, because the only thing the media sees the is the miracle drug that saved a man's life.  Other terminally ill patients rush to get this new 'miracle' drug.  Turns out the vast majority of these people do not have the specific bodily circumstance and for every 1 person that is cured, 100 die overnight from the drug.
I think I get what you're saying, but this is a very far-fetched story, man.


Anyway, I think that the problem with this is that patients might not be educated enough to make such a decision. The thing about untested treatment is that it can cause undefined effects. You're opening Pandora's box by allowing people to judge for themselves whether they want to take such medication, which makes it very difficult from an ethical point of view. While it may save a life, it probably carries too many unnecessary risks.
Last Edit: January 15, 2008, 08:32:30 pm by Dada
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It is far fetched, you are right, but the point I was trying to make is everyone here is thinking that by allowing a terminally ill patient to take the drug, only that person will see consequences.  When really there is a much larger picture here.

By allowing terminally ill patients to just take whatever experimental drug they please opens all kinds of ethical and medical cans of worms.  Steel spoke on the ethical side of it a lot, and I agree with him on it.  He touched on what I meant by my original post, but said it in a much more realistic way.

Without knowing the side effects who really knows what these drugs could do to anyone?  While people may not be dropping dead left and right in my above scenario, it could be that side effects do not appear at first when the first "specimens" start treatment with the drug.  It could appear that the drug is effective at first, but really be causing some other problems.  Which I think is a much more realistic scenario.
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By allowing terminally ill patients to just take whatever experimental drug they please opens all kinds of ethical and medical cans of worms.
Yeah, I agree with this.

Besides, does anyone remember those Britons who took part in a certain testing program for a medicine that was supposedly safe and then died after their bodies swelled up to like two times the normal size? I do!!
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I don't know a whole lot about the FDA, it's definitely a bureaucracy that I hear a lot of criticisms about though. Maybe I'll spend some time reading up on it and the process by which is oks a drug.

But uh with what little I know about it I see it as pretty important to have. And so without some sort of FDA reform (I dunno if it needs or not) the current process is probably the best decider of whether any drug should be available, as without it the flow of miracle cures to the market would be absurd. And I see why terminally ill patients might want an exception (and might be able to make a compiling moral case) to use experimental drugs but they don't have a constitutional claim to it, so yea whoever said this is better suited for congress is right as they classify drug categories if I'm not mistaken and could create legislation to allow terminally diagnosed patients access to experimental drugs.

for someone who knows something about the FDA, how long is the process of getting your drug approved assuming you have evidence? Is it months or years? I assume after you bring it to the FDA they run their own test (A double Blind or whatever it's called) and if the results match it becomes available and if not then it goes back to your lab to improve it.
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Yeah. My argument is you're an ass.

Thank you for this meaningless flame. It contributes greatly to the conversation at hand!

How am I an ass? Because I want to test unapproved drugs on terminally ill patients? No, because that is not the reasoning behind my position. Yes, these drugs could have unpredictable effects, and I'm sure, believe it or not, that many of these terminally ill patients (whom might be in terrible pain anyways) are quite aware that there could be negative effects that go along with the drug.

The only problem I see is that it could give them some sense of false hope, and they may be exploited by drug companies as fast-forwarded human tests. Which I wouldn't like to see happen, despite, "BEING AN ASS."


...You fucking shit-head.

The point is I do recognize that there is some emotional distress going on here, but that once the patients have exhausted all other sources they are left with nothing but to accept their own death while keeping in mind the fact that there are medicines which could potentially help them. Please do not spew forth your retarded comments unless you are going to at least expand upon them.

EDIT: I am not suggesting we pump every terminally ill patient full of random medicines of which we have no human trials yet.

Also, I find it interesting that mankind tends to justify its morality based on old texts or ideas. We have a tendency to not what to evolve our morality. Hmm!
Last Edit: January 15, 2008, 09:21:21 pm by Catslacks
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The point is I do recognize that there is some emotional distress going on here, but that once the patients have exhausted all other sources they are left with nothing but to accept their own death while keeping in mind the fact that there are medicines which could potentially help them.
potentially. however it is far more likely that these medicines will make their life even worse.
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potentially. however it is far more likely that these medicines will make their life even worse.

Yes, that's why I said potentially. Congratulations you're on your way to becoming a dictionary.

EDIT: And I'm a little tipsy on this one, but almost all of you would just accept you were dying in that case and not try to fight it? I mean, really?
Last Edit: January 15, 2008, 09:25:21 pm by Catslacks
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I understand that you don't want patients taking new and completely untested drugs, even on their deathbeds. But what about drugs that are ending their testing cycle and just waiting on the final FDA approval? What about drugs approved abroad (not really experimental!)?

There is a big difference between letting patients take "whatever experimental drug they please" and drugs that are (let's just say) that have a year on their twenty year testing period left. I think doctors should have the ability to, in extreme circumstances and under the scrutiny of some pre-existing control board, be allowed to prescribe "nearly there" drugs to terminal subjects.

This isn't just anyone in the health care system and it isn't just any old drug off the street, it's someone on their deathbed and a drug that has a good chance of helping them (maybe!). It's sort of like Marcus said about a complete lack of middle ground; a drug isn't poison until the FDA says otherwise (at which point it magically becomes completely safe).
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Thank you, Kaempfer. That was a good post.

And, I agree. Especially consider it isn't any stretch of the imagination that these drugs are held up far longer than the should be in a bureaucratic nightmare. The longer they are held up, the longer the patients have to wait for them (and these patients don't have time!). As, Kaempfer said, just because some drugs are held behind a wall of paper doesn't mean they are INSTANTLY POISON and will simultaneously give you Alzheimer's, HIV, and liver failure.
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I don't know if this has been mentioned, but I can see at least one reason why "why does it matter what they want to use to try to keep living" doesn't work--say they let the patient take that experimental drug, and it kills them way faster than they were supposed to die.  The family then goes berserk whether the patient chose it or not because they just see it as WHAT A TERRIBLE DOCTOR GIVING THEM THAT DRUG WHY DONT THEY REGULATE THESE THINGS YOU KILLED MY FAMILY MEMBER

It's not the doctor's choice, but the doctor is going to be blamed if something goes wrong.  The medical field is INCREDIBLY sensitive, and you have to be VERY careful what you let through.  If we weren't so quick to always blame the doctors, I could see this MAYBE being something we should be letting them choose (although JohnnyCasil's points are dead on about giving others false hopes because one person might have had good luck with it), but if anything happened wrong, no matter whose choice it was that doctor is going to be in trouble.
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I understand that you don't want patients taking new and completely untested drugs, even on their deathbeds. But what about drugs that are ending their testing cycle and just waiting on the final FDA approval? What about drugs approved abroad (not really experimental!)?

There is a big difference between letting patients take "whatever experimental drug they please" and drugs that are (let's just say) that have a year on their twenty year testing period left. I think doctors should have the ability to, in extreme circumstances and under the scrutiny of some pre-existing control board, be allowed to prescribe "nearly there" drugs to terminal subjects.
http://www.allp.com/drug_dev.htm
I found this link with just a random search so I don't know how accurate it is, but I'm going to assume it is fairly close. So according to this the process includes a patient testing period that if the drug is in fact a good one, will be helping some 1000 to 3000 people inflicted people, many probably terminally ill. This is only a few years into the study, not 17 years or whatever you were suggesting.

As for a board or whatever to grant special permissions, that's something handled through congress not the supreme court. How the FDA operates might be suspect but I choose to believe it is designed intelligently at some level and more bad medicines are stopped than good ones lost (actually no good medicines should fail to make it to the market unless some other influence is involved but that's not what's in question).

Edit: I don't agree with Johnny. From what I've been reading this 1 person saved only thing would be pretty remarkable and labs can pick up on it for the most part. Also they can figure out what created the special circumstances and continue work with that in mind. But yea his main point is that having the process is important to create certainty.
Last Edit: January 15, 2008, 09:55:47 pm by Dharma_and_Greg#1fan
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Wow, just wow.

Because what if that one person takes the drug, and it cures him, but only him due to some specific circumstance in his body.  This is unknown of course, because the only thing the media sees the is the miracle drug that saved a man's life.  Other terminally ill patients rush to get this new 'miracle' drug.  Turns out the vast majority of these people do not have the specific bodily circumstance and for every 1 person that is cured, 100 die overnight from the drug.

It's I am Legend all over again
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http://www.allp.com/drug_dev.htm
I found this link with just a random search so I don't know how accurate it is, but I'm going to assume it is fairly close. So according to this the process includes a patient testing period that if the drug is in fact a good one, will be helping some 1000 to 3000 people inflicted people, many probably terminally ill. This is only a few years into the study, not 17 years or whatever you were suggesting.

While I admit the 17 years was way off (whoops), it still sits in the hands of the FDA for 2 and a half years before they release it to people outside the specific test group. 2.5 is a fairly long time for a patient labelled terminal, and even still only 1 our of every 5 compounds/drugs/druges makes it through the FDA. What happens if one of those rejected four, one of those that have passed trials and have shown to have side effects (but not as bad as death, one would hope) meets the requirements of the illness better than the one that is passed?

I am pro-FDA (or something like it) and think that their definitely (obviously) needs to be government oversight into the manufacture of pharmaceuticals for general consumption. But when you run into people who definitely are going to die and are willing to live with migraines and diarrhoea and possible liver failure in thirty years, then you have to be willing to create special legal and medical circumstances, otherwise you have failed as a health system.

I understand the legal complexities ("he died even though/because they gave him "experimental" drugs, I want a law suit!") but make them sign a waiver or something and try your damnedest to help, otherwise part of the onus is directly on you.
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A waiver that states that these drugs are not approved by the FDA would obviously be needed. It would need to be signed probably by the patient, the doctor, some person on an FDA board, and maybe someone willing to sign to say that they agree the patient is in a stable emotional condition and appears lucid in his thinking. This should eliminate most of the possible court cases that could be brought up against this practice, ideally. Obviously not entirely though, as no system is without flaw.