Clinical Trials: Emerging Legal Threats

Strategies to Survive Heightened Government Scrutiny

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Thursday, February 26, 2009
Recorded event now available


This seminar will examine the legal implications of conducting clinical research trials, litigation risks of clinical trials, and best practices for hospitals and physicians to avoid missteps that create liability exposure.

Description

In the wake of major recalls of new medications and medical devices that allegedly harmed patients and a 2007 Inspector General Report that the FDA had failed to provide adequate oversight of clinical trials, various government agencies are taking a hard look at clinical trials.

It is critical that physicians and hospitals participating in clinical research trials immediately review and update their policies and procedures, understand the common legal issues arising in clinical trials and take steps to minimize their liability for compliance shortfalls.

Listen as our panel of healthcare attorneys examines the legal implications of conducting clinical research trials, litigation risks of clinical trials and best practices for hospitals and physicians to avoid missteps that can create liability exposure.

Outline

  1. Fraud and abuse risks of conducting clinical trials
    1. False Claims Act implications
    2. Anti-kickback implications
  2. Litigation risks associated with clinical trials
    1. Informed consent
    2. Contracts/indemnification issues
    3. Medical risks
    4. Conflicts of interest
    5. Constitutional issues
  3. Best practices for compliance
    1. Medicare billing
    2. Privacy and security issues
    3. Register clinical trials with www.clinicaltrials.gov per FDA Amendment Act of 2007
    4. Develop or update written policies and procedures
    5. Comply with relevant government regulations

Benefits

The panel will review these and other key questions:

  • What clinical trial activities give rise to potential False Claims Act liability?
  • What are the Anti-kickback risks of conducting clinical trials?
  • What should providers and hospitals do now to limit their liability for the risks of conducting clinical trials?
  • What are the unresolved issues concerning Medicare billing for clinical trials?

Faculty

Katherine Benesch, Partner
Duane Morris, Princeton, N.J.

She practices in the areas of healthcare law, litigation and alternative dispute resolution, with particular emphasis on fraud and abuse, including Stark Law, anti-kickback and False Claims Act issues. As an arbitrator, she handles many types of cases, including disputes over clinical research trials.

Kirk L. Dobbins, Counsel
King & Spalding, Washington, D.C.

He is a member of the firm's FDA/Healthcare Practice Group. He brings more than 13 years of experience to his practice, including more than seven years advising and representing federal agencies. He frequently speaks at conferences and has written articles on Medicare coverage and policy for national publications.

Robert E. Wanerman, Senior Counsel
Epstein Becker & Green, Washington, D.C.

He concentrates on reimbursement, regulatory, and compliance matters affecting healthcare manufacturers, service providers, and investors in healthcare organizations. He has extensive experience counseling clients in matters arising under the Medicare and Medicaid programs, the False Claims Act and clinical research rules.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $74.50
Available 24 hours after the live event

Includes 50% off with Special Offer

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $24.50
Available 24 hours after the live event

Includes 50% off with Special Offer

How does this work?

CD $24.50 plus $9.45 S&H
Available ten business days after the live event

Includes 50% off with Special Offer

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Customer Reviews

The speakers were knowledgeable and presented useful information.

Karen Shaffer-Levy

Reed Elsevier

Each speaker's topic was distinct. The written materials were also excellent and contained useful information and tips.

Una Kang

Saiber

Great program.  All three speakers were very knowledgeable and had smooth deliveries.

John Bowers

Fortune 100 Company

I liked the use of current court cases.

Robert Cundiff

Northwestern Memorial Hopsital

The speakers included a significant number of best practices, which are critical to application of the law.

Deirdre J. Kamber

Fitzpatrick Lentz & Bubba

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Paul Danello

Partner

Baker & Daniels

John J. Miles

Principal

Ober Kaler

Gregg D. Reisman

Partner

Garfunkel Wild & Travis

Donald H. Romano

Partner

Arent Fox

Jesse A. Witten

Partner

Drinker Biddle & Reath

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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