Dahl v. Hem Pharmaceuticals Corp.
United States Court of Appeals for the Ninth Circuit
7 F.3d 1399 (1993)
Facts
Dahl and several others (the patients) (plaintiffs) suffered from chronic fatigue syndrome. The patients participated in a double-blind experiment by HEM Pharmaceuticals Corp. (HEM) (defendant) to test Ampligen, a new medication. HEM promised to provide a years’ supply of Ampligen to any patient who completed the testing. The patients were free to withdraw from the experiment at any time. Over the course of several months, the patients were given either periodic injections of Ampligen or a saline solution. At the end of the testing, the Federal Drug Administration determined that Ampligen was not safe for use, but that testing could continue. HEM refused to provide the years’ supply of Ampligen to the patients who had completed the trials. The patients brought an action against HEM to compel it to provide the medication.
Rule of Law
Issue
Holding and Reasoning (Kleinfeld, J.)
What to do next…
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,400 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
