The fact that you are entertaining the Mako article as murder in the legal sense means you really have no grasp of the US legal system.
And I don't disagree with you in practical terms. Delaying any of the compounds progressions, if they are efficacious, would result in unnecessary deaths. So your multistate argument would hold for ABSSSI and Kevetrin. Even OM (how many drop off chemo because of the OM) or IBD (how many people commit suicide or die of complications from severe IBD?) would be in play.
Mako is completely free and clear.
It also gets philosophical though. Does any medicine save lives or just delay death? Is it a crime to prevent something that delays death?
Is preventing the delaying of death the same as causing death?
It gets trickier if you substitute "delays death" with "prolongs life".