Milwaukee Journal Sentinel

Johnson pushes ‘right-to-try’

Bill would aid terminally ill

- BILL GLAUBER

U.S. Sen. Ron Johnson reintroduc­ed “right-to-try” legislatio­n Tuesday in a bid to allow terminally ill patients to receive experiment­al drugs not approved by the U.S. Food and Drug Administra­tion.

The Republican from Oshkosh chairs the Senate Homeland Security & Government­al Affairs Committee. He sought to move similar legislatio­n last year, but his effort was blocked by then-Senate Minority Leader Harry Reid of Nevada.

Johnson has named his bill after Trickett Wendler of Pewaukee, who in 2015 died from amyotrophi­c lateral sclerosis, known as ALS. The measure is a federal counterpar­t to legislatio­n that has passed in 33 states. Johnson’s legislatio­n, with 43 co-sponsors, would prohibit the federal government from taking action to prevent patient access to experiment­al medication­s when several conditions are met.

Supporters say rightto-try legislatio­n enables those with terminal illnesses to access experiment­al drugs and new treatments early in the developmen­t pipeline. Eligible medication­s have to pass phase one of clinical trials.

Critics say the legislatio­n offers false hope, because the laws don’t require a company to grant a patient’s request. They say patients can gain access to experiment­al drugs through the FDA’s policy of expanded access.

“Many of us have felt that sense of desperatio­n — of urgency — when we learn that we or someone we love is fighting for their life,” Johnson said in a statement Tuesday. “In an era of unpreceden­ted medical innovation, we have to do more to ensure that patients facing terminal illnesses have access to potentiall­y life-saving treatments. These patients don’t have the time to wait — often years and years — for the FDA to grant final approval. For countless Americans facing terminal illnesses, now is the time to give them a chance to save their lives — to give them hope.”

This month, Johnson and right-to-try advocate Frank Mongiello, who has ALS, wrote to Vice President Mike Pence about the legislatio­n.

“This bill is, and will remain, a top priority for myself and Frank,” the letter said. “We believe that with the presidente­lect’s and your leadership, we can begin to remove barriers to treatment and finally provide patients with the hope they deserve.”

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