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AG Reyes Urges Federal Government Action to Increase Access and Affordability for Remdesivir

FOR IMMEDIATE RELEASE

August 6, 2020

Attorney General Reyes Joins Bipartisan Coalition Urging Federal Government Action to Increase Access and Affordability for Remdesivir

Remdesivir is an anti-viral drug showing promising results for those hospitalized due to COVID-19

SALT LAKE CITY – Utah Attorney General Sean D. Reyes joined a bipartisan multistate coalition in sending a letter request to U.S. 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 hospitalization from COVID-19.

“Even though Remdesivir is not a miracle cure for COVID-19, it does show promise in reducing the severity of symptoms and shortening hospital stays,” said Utah Attorney General Sean D. Reyes.  “Given that glimmer of hope, I feel the drug should be accessible to as many people as possible, under the care of their doctor.  Until a vaccine is available, this appears to be one of our best courses of action.”

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 August 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 two 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, the bipartisan coalition urges 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 has 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, the states request that the agencies assign this authority for the states to use. The bipartisan coalition stands ready to ensure that drug manufacturers are licensed to meet market demand during this public health crisis.

Attorney General Reyes joined the attorneys general of California, Louisiana and 33 other states in sending the letter.

A copy of the letter can be found here.

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