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The Right to Try

The Right to Try

The most heartbreaking story this last week took place when Anchorage area conservative activist William Topel passed away at Providence after a week-long bout with COVID-19.  At issue was the hospital’s denial of requests to prescribe ivermectin by the patient and holder of his Medical Power of Attorney, Assembly Member Jamie Allard.

Providence refused to prescribe the drug. 

The Right to Try

As usual, in his continuing assault on decency, Assembly Member Chris Constant had some fun with the passing, taking the opportunity to dance a little jig on the still-warm grave during a vicious soliloquy at the Assembly meeting Tuesday night, Oct 12.

There was (and still is) some back and forth between Allard and Providence over ivermectin and their refusal to use it at the request of the patient and guardian.  This is exacerbated by Providence hiding behind Merck’s conveniently timed public statement that the use of ivermectin is not supported by evidence, and that ivermectin not be used to treat the disease.

From here, Merck’s February 2021 statement against their own product ivermectin sounds a lot like the fix is in via an insider’s agreement between the FDA and Merck.  As we know, Merck a couple weeks ago announced a brand new anti-COVID drug which is reportedly going to be sold at a 40x markup over manufacturing cost.  And they are asking for expedited approval from the FDA.  If they defend their older, cheaper, more effective product, ivermectin, they don’t get approval for the new drug.  Follow the money.  Always, always follow the money.  Sadly, anything having to do with the feds these days increasingly looks more like a protection racket than actual governance.  Nice little drug company you have there, would be a shame if anything happened to it. 

So, where does this leave us regarding Providence?  First, I haven’t heard any stories like this so far out of Alaska Regional, which ought to inform your medical decisions now and in the future.  Second, it got me thinking about the Right to Try legislation passed by congress and signed by President Trump in 2018.

Right to Try is targeted at terminal patients looking into lifesaving drugs that have yet to be formally approved.  The legislation says nothing about off-label use.  It talks about terminal patients.  Sadly, COVID moves quickly, and the patient isn’t terminal until the very last at which point none of the therapeutics work all that well. 

But if I were to try to make some new law and had an enterprising lawyer, litigating the spirit and intent of Right to Try would be a good thing to start with.  Somewhere along the line, Providence ought to have to cut an eight-figure check for refusing lifesaving treatment for a patient.  Right to Try might be a good vehicle to use to start the process.

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Addendum: Providence may be somewhat at risk here. While federal approval of ivermectin does not seem to exist, there is a NIH chart dated July 8, 2021 entitled Characteristics of antiviral agents that are approved or under evaluation for the treatment of COVID-19 that includes ivermectin, recommended dosage and interactions with other meds. It is listed as currently under clinical trials, which puts the drug squarely in the realm of Right to Try legislation.

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Alex Gimarc lives in Anchorage since retiring from the military in 1997. His interests include science and technology, environment, energy, economics, military affairs, fishing and disabilities policies. His weekly column “Interesting Items” is a summary of news stories with substantive Alaska-themed topics. He was a small business owner and Information Technology professional.

The Right to Try

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