Question
What is clinical trial liability insurance?
Short answer
Clinical trial liability insurance is dedicated coverage for bodily injury and death claims arising from human study subjects in pharmaceutical, biotech, and medical device clinical trials. It is required by FDA, IRBs, and most CROs and sites - and is structurally different from general products liability.
What it covers
Clinical trial liability responds to claims from study subjects who suffer bodily injury, illness, or death as a result of participation in an investigational drug, biologic, or device trial. Covered scope includes both first-in-human studies and post-approval studies (Phase IV / observational), though carrier appetite and pricing vary substantially across phase.
Coverage typically includes no-fault patient injury for protocol-related injuries (whether or not negligence is established), defense costs in subject lawsuits, and indemnification of investigators and sites named as additional insureds under the sponsor's policy.
Typical limits and structure
First-in-human studies of irreversible interventions (cell therapy, gene therapy, neurosurgical devices) typically require $5M-$10M per trial sponsor-side. Cell and gene therapy trials with FDA-mandated long-term follow-up registries require extended reporting period coverage through registry close - often 5-15 years post-dosing.
Multi-site international trials require coverage that satisfies each country's local insurance regulatory regime - many EU countries require admitted-paper local policies, which adds complexity and cost beyond US-only programs.
Primary sources
Sources and references
This answer draws on the following regulatory, statutory, and standards-body sources. Coverage availability and program structure also depend on carrier appetite and underwriter discretion not captured by these sources.
- 21 CFR Part 312 - Investigational New Drug Applicationhttps://www.ecfr.gov/current/title-21/chapter-I/subchapter-D/part-312
- FDA - Clinical Trials Guidance Documentshttps://www.fda.gov/regulatory-information/search-fda-guidance-documents
Related practice areas
Insurance clauses in this area
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