No. 18-97

Marion Liu, Individually and as Successor in Interest to Augustine Liu, Deceased v. Janssen Research & Development, LLC

Lower Court: California
Docketed: 2018-07-23
Status: Denied
Type: Paid
Tags: clinical-trials clinical-trials-regulation drug-safety duty-of-care duty-to-intervene federal-regulations human-subjects human-subjects-protection informed-consent medical-ethics medical-monitoring research-ethics
Latest Conference: 2018-09-24
Question Presented (from Petition)

Whether a drug company which is medically monitoring the participants of its drug study has a duty under federal regulations to exercise its independent power to stop a clinical study and refer a participant to medical care when it is aware that the participant is suffering from a life-threatening medical condition making him or her unsuitable to participate in the study or whether, as the California Court of Appeal, Second Appellate District, Division Five held, the study sponsor has no obligation to intervene even when it is aware that the clinical investigator it hired to conduct the clinical trial has failed to exercise reasonable care in making decisions about the enrollment of the test subject and has maintained the test subject in the study despite clear evidence of the test subject's failing health.

Question Presented (AI Summary)

Whether a drug company has a duty to stop a clinical study and refer a participant to medical care when it is aware the participant is suffering from a life-threatening condition

Docket Entries

2018-10-01
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-09-05
Reply of petitioner Marion Liu filed. (Distributed)
2018-08-22
Brief of respondent Janssen Research & Development, LLC in opposition filed.
2018-07-10
Petition for a writ of certiorari filed. (Response due August 22, 2018)

Attorneys

JANSSEN RESEARCH & DEVELOPMENT, LLC
Alan Jay LazarusDrinker, Biddle & Reath, LLP, Respondent
Marion Liu
Sharon JoEllen ArkinThe Arkin Law Firm, Petitioner