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I think the situation of "controversial" drugs like this (or for that matter most so called "recreational" drugs and treatments that are now banned) would be better handled to put them in a special category where they are not banned any more, BUT any prescriber has to have special insurance to cover enhanced liability, and clearly understandable warnings about known and suspected dangers and alternatives have to first be given and clearly agreed by the patient or his legal guardian. There is, however, a point to which even this should not go (such as suicide poisons or so called "sex change" mutilations).

I think the situation of "controversial" drugs like this (or for that matter most so called "recreational" drugs and treatments that are now banned) would be better handled to put them in a special category where they are not banned any more, BUT any prescriber has to have special insurance to cover enhanced liability, and clearly understandable warnings about known and suspected dangers and alternatives have to first be given and clearly agreed by the patient or his legal guardian.

That's an excellent suggestion. The main thing that seems to hold up the FDA's approval of new treatment drugs is the issue of liability. A system similar to the one you suggest would enable patients the freedom to choose and to take risks, while at the same time holding the drug-makers responsible.

(Of course, I would omit the "recreational drugs" part--but that's an entirely different issue.)

You got it. The choices should be up to the parties involved. Without nanny government telling people what to do and what not to do, people do quite well looking out for their own best interest and that of their loved ones.

Also, without nanny government abusing business on one hand and catering to other businesses on the other hand the insurance companies would have to meet the demands of the market -- people looking out for themselves and their loved ones would demand their heads on a platter if an insurance company initiated force, fraud or coercion against their customers. For insurance companies it's the equivalent of shooting oneself in both feet.