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Dahl v. Hem Pharmaceuticals Corp.

United States Court of Appeals for the Ninth Circuit
7 F.3d 1399 (1999)


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


Holding and Reasoning (Kleinfeld, J.)

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