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Webinar | Indemnification, Subject Injury, and Insurance

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Description

Essential Components of a Clinical Trial Agreement | Webinar Series

Clinical trials can involve significant risks and liabilities for research sponsors, investigators, and sites, as well as for study participants who may suffer injuries or adverse events as a results of their participation. Therefore, it is essential for those who are involved in drafting, reviewing, negotiating, or supervising the performance of clinical trial agreements to understand the legal and practical aspects of indemnification, subject injury, and insurance clauses. These clauses can determine who is responsible for paying for the costs of diagnosing, treating, compensating, or defending against claims arising from study-related injuries or damages and other risks including intellectual property infringement, violations of the privacy of subjects and other third parties, the appropriateness of study protocols, and future publications and representations made about study protocols and results. While not frequently litigated, indemnification clauses often provide the framework for addressing who will pay particular costs resulting from claims related to the clinical trial.

This webinar will review the types and scope of indemnification clauses in clinical trial agreements, provide strategies and challenges for negotiating indemnification clauses, and review the sources of subject injury clauses. We will also discuss strategies and challenges for negotiating subject injury clauses, the types and scope of insurance clauses, logistics and procedures for making or responding to a claim for indemnification for subject injury coverage, and issues related to Medicare Secondary Payor rules and equity for the non-insured for those trials for which CMS allows payment of a device or other costs.

Knowledge Level: All Levels

Registration
(Deadline April 24)
Late Registration***
(After April 24)

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Member Rate* $99 $114
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Contributors

  • David D. King, Retired, Senior Associate University Counsel, University of Louisville

    David retired from the University of Louisville (UofL) as of June 30, 2023, after 45 years at UofL.While Senior Associate University Counsel, David focused on research administration, technology transfer and research compliance matters in support of the offices of the Executive Vice President for Research and Innovation as well as other general university legal matters including technology procurement and privacy/data breach. Previously he served as Director of the Office of Industry Contracts, as Assistant and Associate University Counsel and various positions within Information Technology at UofL. Additionally, he was an adjunct professor in the Speed School of Engineering co-teaching a Computer Engineering and Computer Science course highlighting legal and ethical issues relative to cyberspace.

    He holds a Bachelor of Science in Applied Mathematics and a Master of Engineering in Computer Science as well as his Juris Doctor. He is or has been a member of the Association for Computing Machinery, the Louisville Bar Association, Kentucky Bar Association, American Bar Association, NCURA, SRAI, AUTM and NACUA. He has spoken at MAGI Clinical Research Conferences and the Society of Research Administrators International (SRAI) regional meetings and annual conferences including serving as a co-chair of the annual SRAI meeting in Las Vegas in 2022. As a SRAI Distinguished Faculty member and SRAI member, he continues to participate in SRAI activities such as this series of webinars and co-chair of the research law track at the annual meetings.

  • Thomas Gilbertsen, Managing Partner, Dueffert Gilbertsen, PLLC

    Tom Gilbertsen is an attorney with 25+ years of experience practicing with major law firms in the nation’s capital.A graduate of Cornell Law School, where he clerked in the Office of University Counsel, Tom represents professionals and educational institutions, hospitals, and for-profit healthcare companies facing internal or agency investigations and enforcement proceedings.Tom has represented clients responding to enforcement actions by National Science Foundation, Department of Justice, Federal Trade Commission, and many other federal and state regulators.Tom has also developed and conducted compliance training programs in antitrust, employment, research administration, and other legal areas.Tom is a member of the D.C. Court of Appeals Board on Professional Responsibility, and managing partner of Dueffert Gilbertsen PLLC, AND More information about Tom’s practice can be found at www.dueffertlaw.com.

April 25, 2024
Thu 2:00 PM EDT

Duration 1H 0M

This live web event has ended.

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