Court: No obligation for company to give teen drug
National News
A pharmaceutical company does not have to provide an experimental drug to a Minnesota teen who is terminally ill with a rare form of muscular dystrophy, a federal appeals court ruled Tuesday in reversing a lower court decision.
The ruling by the U.S. Court of Appeals for the Third Circuit in Philadelphia was a blow to 17-year-old Jacob Gunvalson, who suffers from Duchenne muscular dystrophy.
The court ruled that U.S. District Judge William J. Martini in Newark erred in his August ruling that PTC Therapeutics of South Plainfield, N.J., must provide the drug to Gunvalson. That decision had been stayed pending the company's appeal.
"I just think it's really unfair that these drug companies get all these benefits from the federal government," said Jacob's mother, Cheri Gunvalson. "And then they're allowing boys to fall through the cracks and die." She said she would not give up her fight but didn't know what the next step would be.
In its ruling, the appeals court said it was "sympathetic to the plight of Jacob and his family," but that the lower court "abused its discretion" in ordering PTC to supply the drug to Gunvalson.
The Gunvalsons, who live in Gonvick, Minn., maintained that the company led them to believe that Jacob could participate in a clinical trial of the drug, which is being investigated as a possible treatment — and that the company then went back on its word.
Related listings
-
2nd suspect arrested in Oregon bank bombing
National News 12/16/2008Two law enforcement officers killed in a bank bombing last week believed the device was a hoax and were trying to open it when it exploded, according to court documents released on Tuesday.A probable cause statement in the case of bombing suspect Jos...
-
States increasingly put criminal records online
National News 12/15/2008Worried your daughter's new boyfriend might have a nefarious past? Want to know whether the job applicant in front of you has a rap sheet?Finding out can be a mouse click away, thanks to the growing crop of searchable online databases run directly by...
-
Financially 'struggling' gov had big legal bills
National News 12/12/2008Rod Blagojevich is the third-highest-paid governor in the country, but you wouldn't know it from conversations recorded by federal authorities.He is heard on six weeks of recordings saying he is "struggling" financially, even though he makes $177,412...
CHICAGO BUSINESS & CORPORATE LITIGATION LAWYERS
When faced with a legal challenge, your attorneys should help you identify your goals at the beginning of the process. Thereafter, every action that follows must be undertaken with the aim of meeting those goals. Wasted effort equals wasted time and money, that’s something you cannot afford and your attorneys must respect this concept. At Roth Law Group, we counsel our clients to confront their legal challenges aggressively, but with purpose.
As a former Marine Corps Pilot, I learned that you must assess the situation, determine your mission, construct a plan to achieve the mission and execute that plan. As an attorney and small business owner, I apply the same concepts in taking on my client’s legal challenges. And while it is generally preferable to resolve cases early in the process whenever possible, if you have no choice but to fight, you need someone who is willing to aggressively advocate for you. Here at Roth Law Group, we never back down from a challenge and we fight to win. Let our experienced attorneys put you in control of your legal challenges so you can get back to running your business.