It's "right-to-try" not "have-to-try". Articles like this make it sound like patients are powerless and have to take and pay for whatever treatments these companies offer.
A dying and constantly miserable human is not a rational actor
Especially when the drug seller and the patient have asymmetrical information. As far as I can tell, there are no requirements for the drug maker to report the effectiveness of the drug on those that they sell it to.