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Defective Drug Claims

Clinical Trials Claims

Taking part in a clinical trial can help with the developments of new treatments. This is important to help treat disease and improve quality of life for those who suffer the disease or illness in question, but it is not necessarily risk-free.

Whilst there are strict rules in place to reduce risks to participants and ensure they have given informed consent, occasionally serious side-effects can occur. If you've been injured or become ill because of your participation in a clinical trial, then our solicitors may be able to help you claim compensation.

We'll work closely with you throughout the claims process to handle every aspect of your case, ensuring you're able to access all the medical care and support you need to assist with your ongoing rehabilitation while we help you claim.

Our personal injury team has a great deal of experience with medical negligence, defective drug and medical product claims. Our exceptional knowledge and caring staff has seen us ranked in the top band of law firms for defective product compensation claims by Chambers & Partners, one of the leading independent guides to the legal profession.

Most of the claims we handle are on a No Win No Fee basis. This means that there's nothing for you to pay upfront, and that you won’t have to pay any legal fees if your claim isn’t successful*.

If you have any questions, or are interested in making a claim, call us today on 0800 056 4110 for a free initial consultation about your case, or contact us online and we'll get back to you.

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Clinical Trial Claims - More Information
    • How Much Can I Claim?
    • How much compensation you receive for an injury caused by a defective product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim will depend on many factors, including:

      • Current and future loss of earnings from being unable to return to work
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Whether you need modifications to your home
      • Whether you need mobility aids or specialist equipment
      • Your pain and suffering, and the nature of any ongoing problems you have

      For more information, call us on 0800 056 4110 and we'll be happy to discuss your options in a free initial consultation.

    • What's The Claims Process?
    • To make a compensation claim for an injury or illness caused by a defective product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.

      If you do decide to make a claim with us, we'll usually follow the same three stages:

      1. Investigation. We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert.
      2. Compensation. We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.
      3. Conclusion. If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.

        Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court will put a timetable in place and manage your claim towards trial. There is still the possibility for your opponent to settle.

        If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you are unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 056 4110 for your free initial consultation.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

      Please visit our No Win No Fee page for more information on how it works.

    • What Is A Group Action, And What Are The Benefits?
    • In defective product claims it is not unusual for lots of people to have been affected by the same product, but group actions can arise in many different areas not just defective products.

      In some cases a group action may be appropriate way for the court to manage a number of similar claims together without having a trial of each individual claim. Group actions can help people to share legal expertise as well as the cost by working together, to try and maximise the chances of being fully and fairly compensated for your trauma.

      We have extensive experience in pursuing group actions relating to many different types of claim, including for defective products, drugs and medical devices.

      The expertise and results achieved for our clients means that Irwin Mitchell is the most highly ranked personal injury firm in the UK by two independent leading legal reviews.

      If you're unsure about whether making a group claim is right for you, it's best to seek some advice. Contact us and we'll be able to advise you on the options.

Whilst clinical trials are extremely important it is imperative that a thorough investigation takes place. Transparency is vital to ensure lessons can be learned, and to promote the safety of all those who participate in clinical trials."

Tim Annett, Partner
Defective Products

Frequently Asked Questions

Who Can Make A Clinical Trial Compensation Claim?

If you've taken part in a clinical trial and been left injured or ill, then you may be able to claim compensation. You usually have three years from the date you first noticed signs of that illness or injury to make a claim.

In certain circumstances, you can also claim compensation on behalf of a loved one who suffered as a result of a clinical trial. For example, if you're claiming on behalf of your child, you have until their 21st birthday to make a claim.

If you have lost a loved one because of complications arising from a clinical trial, you have three years from the date they died to make a claim.

Many clinical trials are run in accordance with the Association of the British Pharmaceutical Industry (ABPI) compensation guidelines. The guidelines make it easier to claim compensation if something goes wrong. We can help you work out if the ABPI guidelines are applicable to your case, and whether you might be entitled to compensation.

If you're unsure whether or not you'll be able to make a claim, get in touch for some advice. Call us today on 0800 056 4110 or contact us online for a free consultation on your case, where we'll be able to discuss your options.

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What Responsibilities Do Those Running Clinical Trials Have To Their Patients?

On the whole, clinical trials are safe; but there can be risks as many drugs can cause side-effects, although fortunately in most cases these are not serious or life-threatening.

People involved in the trial must understand the aims of the trial, as well as any potential risks. There is a difference between being told about something and having something explained by a professional so you can fully understand it, so participants must be given the chance to discuss the trial with the organisers, and should also be given written details of the treatment, including potential side effects.

The organisers (sponsors) of clinical trials ought to have insurance in place, and many will be conducted in accordance with the guidelines set out by the Association of the British Pharmaceutical Industry (ABPI). The guidelines provide for payment of compensation in the event of bodily injury (including death) through participation in the trial. This applies to Phase 1 trials (‘healthy volunteers’) and Phase II-IV trials (‘patient volunteers’), and we can provide advice as to whether the trial you participated in is covered by the guidelines, as there are some exceptions.

Our experienced medical and product liability solicitors can investigate the details of the trial you or your loved one was involved in to find out whether those running the trial failed in their responsibilities to you as a patient.

If you have any questions about the claims process, or how we can help, get in touch on 0800 056 4110 for a free consultation.

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Why Choose Irwin Mitchell For A Clinical Trial Compensation Claim?

We've worked for many years with people who have suffered as a result of clinical trials, and we understand the physical difficulties, anger and lasting trauma which trials can cause when they go wrong. Making a claim in what is already a difficult time can be a daunting prospect, but with experts on your side you can get the compensation you deserve.

Our experience in both product liability and medical negligence cases means we're well placed to handle claims involving clinical trials. Our experience covers claims brought under the Association of the British Pharmaceutical Industry (ABPI) compensation guidelines, as well as claims against the doctors or hospital administering the treatment.

We'll work tirelessly to make sure you receive all of the support, advice and care you need. Helping our clients access medical care and support, including physiotherapy and surgery, as well as mobility aids and home modifications, is as important to us as pursuing financial compensation. This support can be essential for adapting to life after an injury or illness, and our approach has seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions.

Our extensive experience has seen us handle a diverse range of clinical trial claims, including compensation for men testing a new drug, TGN1412, at Northwick Park Hospital. The drug was being developed to treat chronic inflammatory conditions and leukaemia, but resulted in extensive limb damage for some of the participants – find out more about this case.

If you have any questions about making a claim, or how we can help, give us a call today on 0800 056 4110, or contact us online, for a free initial consultation on your case. We're here to help.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK

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What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We believe rehabilitation is as important as compensation.

Injuries and illness can have a lasting effect on your life. We're proud to have won Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions, recognising our commitment to getting our clients the care and support they need to get their lives back on track.

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