Clinical Trials Compensation Claims

If your life, or the life of a loved one, has been affected by a clinical trial injury, we can help.

If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove the negligence happened. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a medical negligence claim on a No Win No Fee basis.

In this article

Introduction

It is likely you will be able to claim compensation if you have taken part in a clinical trial that:

  1. resulted in the worsening or development of illness or injury, and
  2. the injury was due to the negligence of another party, and
  3. that party owed you a duty of care

The body responsible for the trial should have insurance in place to cover the cost of compensation claims.

A breach of the duty owed to patients taking part in a clinical trial can amount to clinical negligence, or may relate to defective medication or defective medical products.

Clinical trials

What are clinical trials?

Clinical trials are research studies on humans. They are designed to answer specific questions on how the human body may respond or react to new medicines, drugs, treatments, medical devices and food.

A clinical trial is undertaken when there is a new drug or medication which has reached the final stages of testing and is about to be taken to the market.

The main aim of clinical trials is to ensure that new drugs and medicines are safe for use, and to see if there are any side effects.

Before the clinical trial can take place, the Medicine Healthcare Regulatory Authority (MHRA) must authorise the trial. Once the clinical trial has taken place with satisfactory results, the product can be granted a license.

Who takes part in clinical trials?

People usually volunteer for clinical trials.

Volunteers can be healthy or sick, and the trial often requests for volunteers within certain age groups and who fit certain criteria, such as within a certain weight bracket, or smokers and non-smokers.

Some potential claimants are concerned that they are not entitled to compensation because they volunteered. This is not the case.

A compensation claim may be made if a party that owed you a duty of care breached that duty and caused you injury that was reasonably foreseeable.

If you are unsure whether the circumstances of your claim will pass this test, contact a solicitor on 0800 376 1001 for more information.

Clinical trial phases

The four main phases involved in clinical trials are:

  1. The first phase tests the safety of the drug. Usually the drug is first tested on healthy volunteers to monitor for negative side effects. It will also assess the correct dosage of the drug.
  2. The drug is then tested on ill patients to see if the health of the patient improves. Ill patients will usually have the illness that the drug is aiming to cure or improve.
  3. Phase three tests larger groups of ill patients and compares the new drug with those currently in use to assess the effectiveness, and see which one works better.
  4. The final phase takes place once the drug has received a license, and is intended to look in to long-term risks and side effects, as well as the long-term benefits.
Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor