In Health Law Weekly, David Peloquin Co-Authors Article on New Developments in Right to Try Legislation

In The News
January 24, 2025
Attorneys:

Health care partner David Peloquin co-authored an article in the American Health Law Association’s Health Law Weekly examining new developments in Right to Try (RTT) legislation. A new iteration of the RTT is gaining momentum in states. This legislation, known as the “Right to Try for Individualized Treatments” (RTT 2.0) is grounded in the same principles as the original law but focuses more narrowly on individualized therapies.

While 41 states enacted RTT 1.0 prior to the passage of the federal Right to Try Act, it has rarely been used as an alternative pathway to access investigational products. However, RTT 2.0 laws have been passed in six states and appear to be advancing in a number of additional states.

The article discusses the federal RTT law in comparison to the U.S. Food and Drug Administration expanded access pathway, compares RTT with RTT 2.0, and explores the challenges of each.

The article was co-authored by health policy attorney Jack Ferdman and Dr. Barbara Bierer, co-founder and director of the Multi-Regional Clinical Trials Center at Brigham and Women’s Hospital and Harvard.