Published on: 04 December 2024
Published by a Law360 reporter
Traditional clinical research is being reimagined through approaches that shift part or all trial activities from fixed sites to remote settings—participants’ homes, nearby healthcare facilities or mobile units—rather than standard trial centres. The goal is to expand access, boost participant diversity and drive operational efficiency. Yet the distance-based nature of DCTs brings distinct legal and regulatory challenges that sponsors must manage with care. The FDA’s final guidance, while not legally binding, outlines the agency’s current views and offers a practical road map for sponsors, investigators and other stakeholders to protect trial integrity and participant safety. For sponsors, adopting the DCT model entails devising strategies that align decentralised protocols with established regulatory requirements, while addressing risks such as cybersecurity threats, data integrity issues and telehealth privacy laws. As many DCTs operate internationally, engagement with regulators like the European Medicines Agency (EMA) is often required to harmonise expectations across international sites. This article presents a thorough analysis of the FDA’s DCT guidance, the legal ramifications for sponsors, and strategic recommendations and practice tips to surmount obstacles in this evolving regulatory landscape...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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