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SMITH v. SHALALA

Civil Action No. 96-1244 (JR).

954 F.Supp. 1 (1996)

David B. SMITH, Plaintiff, v. Donna E. SHALALA, Secretary, U.S. Department of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

June 7, 1996.

Attorney(s) appearing for the Case

Jonathan W. Emord, Todd A. Harrison, Emord & Associates, P.C., Washington, DC, for Plaintiff.

Kathryn Cook, Office of the Chief Counsel, Food and Drug Administration, Rockville, MD, for Defendant Food and Drug Administration.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiff David Smith suffers from an advanced stage of Hodgkin's lymphoma. He brings this action seeking an injunction "restraining the Department of Health and Human Services and the Food and Drug Administration from prohibiting" the Burzynski Cancer Institute from treating him with Antineoplastons, an experimental anti-cancer agent. Smith posits "the right of a competent terminally ill cancer patient to choose...

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