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AIModelKit > Ethics > Montana’s New ‘Right to Try’ Law: Timely Relief for Patients in Need
Ethics

Montana’s New ‘Right to Try’ Law: Timely Relief for Patients in Need

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Last updated: August 2, 2026 3:00 pm
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Montana’s New ‘Right to Try’ Law: Timely Relief for Patients in Need
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Exploring the Controversy Surrounding Experimental Treatments: A Look at Montana’s ETRB and Beyond

In a landscape where desperate parents seek out every possible avenue to save their children’s lives, the unfolding story of Ceres, a biotech company, reveals the complex intersection of hope, innovation, and regulatory caution. Particularly in the case of Brody’s parents considering experimental treatments, Montana’s Expanded Treatment Review Board (ETRB) provides a fascinating, albeit controversial, option. However, key players like Joudinaud tread carefully on the path to potential solutions.

Contents
  • Montana’s ETRB: A Pragmatic Solution with Caution
  • FDA Regulations: An Ongoing Challenge
  • Global Perspectives: Looking Beyond Borders
  • The Ethics of Experimental Treatments
  • A Parental Perspective: The Right to Choose
  • The Balancing Act between Innovation and Safety

Montana’s ETRB: A Pragmatic Solution with Caution

Montana’s ETRB was designed to expedite access to experimental treatments for patients with serious conditions. Ceres could theoretically apply to this board to offer their innovative drug to Brody through a local clinic. Joudinaud regards Montana’s approach as “very interesting and very pragmatic,” praising its suitability for innovative therapies. However, there’s a significant footnote: he’s apprehensive about possible repercussions from the FDA. This wariness brings forth a larger conversation about the ethics and realities of accessing experimental treatments.

FDA Regulations: An Ongoing Challenge

DeVault, a representative for Ceres, has been tirelessly lobbying FDA staff for a written assurance that companies involved in Montana’s program won’t face penalties when they pursue further drug approvals in the US. His pleas underscore a crucial dilemma: the fear of jeopardizing future drug approval routes by engaging in state-level programs. Without clear communication from the FDA, biotech companies are caught in a bind, weighing the potential benefits against the risks of regulatory backlash.

Global Perspectives: Looking Beyond Borders

As FDA negotiations inch forward with little traction, DeVault is exploring alternative routes for accessing treatment, including the possibility of traveling to Próspera in Honduras. This private city functions as a “special economic zone” that offers a smorgasbord of unregulated treatments, including stem-cell and gene therapies. While the allure of immediate access to medications is tempting, experts caution against these “offshore” clinics, as they often lack rigorous testing protocols.

The Ethics of Experimental Treatments

The tension between hope and caution becomes palpable when discussing the efficacy of experimental treatments. Bioethicists and health law experts emphasize that phase I clinical trials, often the first step in the drug approval process, primarily assess safety and do not demonstrate efficacy. Aaron Kesselheim, a professor at Harvard Medical School, articulates the significance of ensuring that patients understand what they are purchasing, both in terms of money and their health.

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A Parental Perspective: The Right to Choose

Despite the cautions raised by health experts, DeVault makes a compelling counterargument. He asserts, “I’m a full-grown human being.” This statement encapsulates a broader sentiment many parents feel when faced with the possibility of losing a child. The frustrations boil down to personal agency and the right to decide what risks to take for potentially transformative treatments. For parents like DeVault, navigating the complex landscape of healthcare options can feel akin to gambling at a poker table—high stakes with no guarantees.

The Balancing Act between Innovation and Safety

In conclusion, the delicate balance between innovation in medical treatments and rigorous safety assessments remains a contentious issue. While Montana’s ETRB holds promise, the underlying fears of FDA repercussions loom large. The search for hope leads parents and biotech companies to consider avenues that push conventional boundaries of treatment, even as they face significant ethical and regulatory hurdles.

As these dialogues continue, the conversation surrounding experimental treatments, patient autonomy, and regulatory frameworks will inevitably evolve. The path forward may require new perspectives and collaborative efforts to reconcile the pressing desires of patients with the necessary safeguards for their well-being.


This article first appeared in The Checkup, MIT Technology Review’s weekly biotech newsletter. To receive it in your inbox every Thursday, and read articles like this first, sign up here.

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