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Gunvalson v. PTC Update

By James M. Beck and Mark Herrmann

Gunvalson v. PTC Therapeutics is the case in which a federal trial court ordered a drug company to provide an experimental drug to a patient outside of the context of a clinical trial. We previously posted about Gunvalson here and here. (And Pathophilia commented on the case here and, before that, here.)

We have three pieces of new news to report:

First, last week, the Third Circuit issued a stay of the trial court injunction. Here's a link to the Third Circuit order.

Second, PTC has filed its opening brief in the Third Circuit. For the benefit of those who are watching this case, here's a link to that brief.

Finally, we reported a couple of weeks ago that Bexis' firm had been retained to work on this appeal, so he was not participating in drafting blog posts about the case.

Herrmann has now been retained to file an amicus curiae brief in this appeal, so he, too, has developed a conflict. We won't be saying much more about this case publicly, although we may yet report, in a neutral fashion, that a brief has been filed or an opinion issued.

And -- oh, yeah -- how the heck will we ever explain this to Jeremy?

Full post as published by Drug and Device Law on September 24, 2008 (boomark / email).