# Montana's 'Right to Try' Law Offers Hope for Rare Diseases New legislation provides access to pre-approval drugs for families in desperate need. - **Source:** [MIT Technology Review](https://www.technologyreview.com) - **Published:** 2026-07-31 - **Original article:** - **On Brifing:** https://brifing.si/s/ed57afab-65cb-4811-b84d-ac1d86804ec1 ## Brody's Battle with a Rare Disease Three-year-old Brody DeVault suffers from creatine transporter deficiency (CTD), a rare genetic disorder that impairs energy production in brain and muscle cells. This condition severely affects his speech, movement, and coordination skills. Unable to speak even single words, Brody struggles to communicate. His father Kris emphasizes they're racing against time during Brody's critical neurological development window. ## Promising Treatment from France French biotech firm Ceres Brain Therapeutics is developing a nasal spray treatment designed to deliver creatine directly to the brain. While animal studies show promise and Phase I trials with 48 healthy adults are complete, the drug hasn't been tested on CTD patients or children. The treatment could potentially bypass the metabolic defect causing Brody's condition, but regulatory hurdles remain. ## Montana's Legislative Breakthrough In 2023, Montana expanded its 'Right to Try' law to include non-terminal patients seeking access to drugs that have completed Phase I trials. The newly established Experimental Treatment Review Board (ETRB) will evaluate applications. This could open doors for children like Brody, though conflicts with FDA approval processes persist. The first applications are expected in coming weeks. ## Biotech Company's Regulatory Concerns Ceres CEO Thomas Joudinaud calls Montana's approach 'pragmatic' but worries about future FDA conflicts. The company acknowledges its current manufacturing process doesn't meet FDA standards. Kris DeVault seeks written assurance from FDA that participation won't jeopardize future approvals, but progress stalls. This uncertainty deters biotech firms from engaging with the program. ## The Neuroplasticity Race Experts stress the critical importance of early childhood's 'neuroplasticity window' for brain development. Brody needs treatment before this window closes. Estimates suggest FDA approval could take several years - potentially too late for Brody's neurological development. The family faces agonizing wait times while biological clocks tick. ## Exploring Alternative Options The DeVaults consider experimental stem cell therapy at an offshore clinic in Honduras, though scientists warn against unregulated treatments. Even Montana's program carries risks - Phase I trials only assess safety, not efficacy. Harvard's Prof. Kesselheim argues patients deserve full understanding of unproven treatments' potential dangers. ## Ethical and Legal Dilemmas Montana's law attempts to balance patient access with protection. Bioethicists note unknown side effects of early-stage treatments. For cases like Brody's, the time factor intensifies ethical debates. The ETRB's upcoming decisions may set important precedents for experimental drug access in non-terminal cases. ## Systemic Changes Needed for Rare Diseases Brody's story highlights the urgent need for reform in access to experimental treatments for rare diseases. Experts propose accelerated FDA pathways for such conditions. While Montana's model may pioneer new approaches, comprehensive reforms must both ensure patient safety and facilitate timely access - a challenge regulators continue to grapple with. ## Sources covering this story - https://www.technologyreview.com/2026/07/31/1140945/montanas-new-right-to-try-law-cant-come-soon-enough-for-some/ — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._