Attorney General Raoul urges Federal Government action to increase access and affordability for drug to treat COVID-19
Remdesivir is an Anti-Viral Drug Showing Promising Results for Those Hospitalized Due to COVID-19

[August 28, 2020]   Attorney General Kwame Raoul today joined a bipartisan coalition of 34 attorneys general in sending a letter request to the U.S. Department of Health and Human Services (HHS), the National Institutes of Health (NIH), and the Food and Drug Administration (FDA), urging them to use their legal authority under the Bayh-Dole Act to increase the availability of remdesivir. Remdesivir, a drug manufactured by Gilead Sciences, Inc. (Gilead), has shown promising results in reducing mortality and hospitalizations from COVID-19.

“COVID-19 has claimed thousands of lives in Illinois and tens of thousands of lives across the nation. Remdesivir has shown promising results in treating those hospitalized due to COVID-19, and no one should be denied access to treatment due to the cost of the drug” Raoul said. “I urge the federal government to use its authority to ensure that this potentially lifesaving drug is available and affordable for all who need it.”

Remdesivir is an FDA fast-tracked antiviral drug that was produced with the benefit of millions of dollars of federal funding and the time and expertise of CDC and military scientists. Despite the substantial federal funding provided to its manufacturer, Gilead has been unable to assure a supply of remdesivir sufficient to alleviate the health and safety needs of the country amid the pandemic.

As of Aug. 3, 2020, more than 4.64 million Americans have contracted COVID-19 and 154,000 have died. Yet, by the end of this year, Gilead is expected to produce only 2 million treatments, or enough remdesivir to cover about half of the current confirmed COVID-19 patients in the U.S. Before this crisis is over and a vaccine made available, many more Americans may become sick, and their recovery may hinge on the availability and affordability of remdesivir.

In the letter, Raoul and the coalition urge the federal government to exercise its rights under the Bayh-Dole Act, which allows the NIH and FDA to ensure Americans can afford and have reasonable access to a sufficient supply of remdesivir during this pandemic.

Despite a manufacturing cost of between $1 and $5, Gilead has set the price of the drug at an outrageous and unconscionable $3,200 per treatment course. Under the Bayh-Dole Act, the NIH and FDA have the authority to license remdesivir to third-party manufacturers to scale up production and distribution and ensure the drug is made available to all those in need at a reasonable price. If these agencies are unwilling to exercise this authority, Raoul and the coalition request that the agencies assign this authority for the states to use. The attorneys general stand ready to ensure that drug manufacturers are licensed to meet market demand during this public health crisis.

Joining Raoul in the letter are the attorneys general of Alaska, American Samoa, California, Connecticut, Delaware, the District of Columbia, Guam, Hawaii, Idaho, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia and Washington.

[Office of the Attorney General Kwame Raoul]