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Clinical Trials and Criminal Law

Okay so A is told by a company running clinical trials that if they take part they are accepting that there is a risk to their health and the company is not sure if the drug will cause A damage. The company were aware that the deug could be potentially dangerous to human beings but werent sure.

A takes the drug and is paid the money for the trial. As a result of the drug A is caused serious internal damage and dies as a result?

Is the company culpable?

Can anyone point me to some relevant cases?

What about R v Brown, which says that one cannot consent to being severely harmed? Or would this not apply as there was no definite mens rea?

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Pretty sure if they accepted the risks the company is not culpable.

With the fees and all.

Also, many tests would have been conducted on animals and such, so there shouldn't be any deaths or such.
Original post by L'Evil Fish
Pretty sure if they accepted the risks the company is not culpable.

With the fees and all.

Also, many tests would have been conducted on animals and such, so there shouldn't be any deaths or such.


This is what I thought of at first until I read a case (can't remember the name) that said a disclaimer couldn't prevent you from being sued.

You'd be surprised. Obviously human and animal anatomy are different and so sometimes surprising effects can occur.

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