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You could file a similar suit. Basically, all that has happened in this case is that the trial court threw out the plaintiff's case and the appellate court reinstated the plaintiff's case because it said the plaintiff does in fact have a claim. However, there hasn't been a ruling declaring the FDA's policy unconstitutional yet.
Have you tried other avenues to get to these drugs? If you feel comfortable sharing more about your situation, I would be happy to help you brainstorm other ideas.
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Caregiver to mother, Diane
Diagnosed 3/2006 Stage IIB (T2, N2, M0), Her-2+++, Er/PR-, Grade 3
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