Shea-Porter Statement on Right to Try Legislation

WASHINGTON, DC— Congresswoman Carol Shea-Porter (NH-01) today released the following statement after voting ‘no’ on S. 207:

“My father died from prostate cancer that metastasized to his bones. We would have tried anything, so of course I support providing options to terminally ill patients who would not be helped by established treatment options. But I could not support the bill in its current form for a number of reasons. The FDA already approves 99 percent of all requests, and in emergencies, the decision can be made in 24 hours. Under the bill, pharmaceutical companies can say ‘yes’ to some patients and ‘no’ to others with the same disease, so it does not guarantee a patient’s right to try; it puts all the power in the hands of the pharmaceutical companies. Some states still allow insurance companies to deny hospital coverage or health insurance to those who use a drug via right to try, which would put them and their families in a terrible situation. The bill would also weaken the FDA’s ability to oversee adverse events when we must know how these drugs impact patients if we are to truly support these innovations and the patients that need them. And finally, this bill did not get a single hearing in the House, which could have resulted in a better bill that addressed these concerns and that I could support. This legislation, while well-intentioned, ultimately fails people who are desperate, so I had to vote ‘no’.”