Former President Donald Trump referenced his “right to try” experimental treatment legislation during his acceptance speech at the Republican National Convention on Thursday, signaling that expanding access to novel treatments for terminal patients may be a key proposal if he were to win reelection.
“‘Right to try’ is a big deal,” Trump said during his acceptance speech. “They were trying to get that for 52 years.”
Known as the Trickett Wendler, Frank Mongiello, Jordan McLinn and Matthew Bellina Right to Try Act, the legislation equips terminally ill patients to receive experimental treatments when no other alternatives are available.
Although the Food and Drug Administration already had a process in place for such instances, namely the Expanded Access program (often referred to as “compassionate use”), lawmakers passed the Right to Try Act after identifying several problems with the system, including the difficulty in obtaining approval and the ability of manufacturers to decline the use of a drug.
The landmark healthcare achievement of the Trump administration was introduced by Sen. Ron Johnson (R-WI) in 2017 and was signed into law in 2018.
During his RNC speech on Thursday, Trump alluded to the fact that the law limits liabilities for healthcare professionals, drugmakers, and insurance companies that “didn’t want the risk” of a failed experimental treatment.
“They can get all of this stuff,” Trump said. “They’re going to get it really fast, and what’s happened is we’re saving thousands and thousands of lives. It’s incredible.”
But there is scant evidence about the efficacy of the program and the exact number of people who have actually qualified to take advantage of it. Some reports suggest only four patients were able to take advantage of the federal “right to try” legislation in 2023.
Under the FDA’s traditional expanded use program, the agency granted 2,261 compassionate use requests for various drugs and biologics. Nearly 2,300 requests were submitted to the agency for approval.
Rep. Andy Biggs (R-AZ), a supporter of the former president and a co-sponsor of the House version of the 2018 law, signaled recently that he hopes to expand the “right to try” program further under a second Trump administration.