Montana’s new “right to try” law can’t come soon enough for some
A Montana law allows people to access unapproved drugs, which could help a father, Kris DeVault, get his son, Brody, a treatment for a rare condition. However, the law has its limitations, and DeVault is considering other options.
Intelligence analysis by Llama

A new law in Montana allows people to access unapproved drugs, but its limitations may not be enough to help a father get his son a treatment for a rare condition.
A father, Kris DeVault, is trying to get his son, Brody, a treatment for a rare condition. A new law in Montana might help, but it has its limitations. Brody's condition makes it hard for him to communicate and move around. His dad is looking for any way to help him get better.
Analysis
A Desperate Father’s Quest for a Cure
Kris DeVault is a desperate father. His son, Brody, was born in March 2023 with a rare condition called creatine transporter deficiency. This condition prevents the brain and muscles from getting the energy they need to develop. There are no cures for Brody’s condition, but DeVault has learned of a company developing a drug that might help. The drug is still in the early stages of development and has only been tested in animals and a small number of healthy adults. Doctors cannot prescribe it, and the company cannot make it available to Brody under an expanded access scheme run by the US Food and Drug Administration. DeVault is worried that the drug will not be available in the US for at least a few years, which will be too late for Brody. He will be “past his plasticity window” by then, and the treatment will not be effective.
A New Law in Montana
DeVault has been looking for alternative options, and a new law in Montana has given him hope. The law allows people to access unapproved drugs, which could help Brody get the treatment he needs. However, the law has its limitations. It only applies to people who are not terminally ill, and the drugs must have been through preliminary phase I clinical trials. DeVault is considering accessing treatment in Próspera, a private city and “special economic zone” in Roatán, Honduras, where a clinic sells unproven stem-cell and gene therapies, among others. Many scientists have cautioned against the use of such “offshore” clinics.
The Challenges of Accessing Experimental Treatments
The story of DeVault and his son highlights the challenges of accessing experimental treatments. The current laws and regulations make it difficult for people to get access to these treatments, even when they are desperate. The Montana law is a step in the right direction, but it has its limitations. It is a reminder that the development of new treatments is a complex process that requires careful consideration of the risks and benefits.
Key points
- A new law in Montana allows people to access unapproved drugs.
- The law has its limitations, only applying to people who are not terminally ill and requiring the drugs to have been through preliminary phase I clinical trials.
- DeVault is considering accessing treatment in Próspera, a private city and “special economic zone” in Roatán, Honduras.
- Many scientists have cautioned against the use of such “offshore” clinics.
If the Montana law is successful, it could lead to more people having access to experimental treatments. This could lead to breakthroughs in medical research and improve the lives of people with rare conditions.
The limitations of the Montana law and the challenges of accessing experimental treatments could lead to people being denied the treatments they need. This could have serious consequences for their health and well-being.



