Intellectual Property Law

Limiting Liability in Clinical Trials: Non-Lawyers, Lawyers Beware

By Sheppard Mullin

Clinical trials are the lifeblood of biotech. Finding the right service providers (CROs, safety, IVRS, consultants, contract manufacturers and many others), as well as the right clinical investigators and sites, results in a complex web of legal obligations and potential liabilities. Limitation of liability clauses can reduce a party's exposure if a contractual obligation is breached. More often, limitations of liability provisions are used to shift risk to the sponsor of the clinical trial. But, if your contracts are well negotiated and drafted, the risks can be carefully and fairly allocated between the parties in a balanced and reasonable manner. Because of the complexity of the legal relationships and liabilities found in clinical trials, this article is limited to a brief description of limitation of liability clauses, and their general strengths and weaknesses.

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Authored By:

Beni Surpin

(858) 720-8950

bsurpin@sheppardmullin.com

and

Blaine E. Templeman

(212) 332-3854

btempleman@sheppardmullin.com

and

Michael Murphy

(858) 720-7423

mmurphy@sheppardmullin.com

Full post as published by Intellectual Property Law on May 13, 2009 (boomark / email).