Section 121315 Of Chapter 14. Acquired Immune Deficiency Syndrome (aids) Clinical Trial Grant Award For The Prevention Of Maternal Transmission Of Human Immunodeficiency Virus (hiv) Infection From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 14.
121315
. (a) A manufacturer, research institution, or researcher
shall not be strictly liable for personal injury or wrongful death
resulting from the administration of any AIDS vaccine to a research
subject participating in the clinical trials described in this
chapter.
(b) It is the intent of the Legislature in enacting this section
to confer upon manufacturers, research institutions, and researchers
participating in the clinical trials described in this chapter an
immunity from liability to the same extent as conferred upon
specified pharmaceutical manufacturers under Brown v. Superior Court,
44 Cal. 3d 1049.
(c) No immunity shall be conferred to the extent that the injury
or death was caused by the negligence, gross negligence, or reckless,
willful, or wanton misconduct of the manufacturer, research
institution, or researcher or the manufacturer, research institution,
or the researcher has failed to comply with Section 121310.
(d) The immunity provided by this section shall not apply to a
manufacturer, research institution, or researcher who intentionally
provided false information to the FDA in connection with an IND
application.
(e) Notwithstanding the immunity provided by this section, nothing
in this section shall be construed to affect the inapplicability or
applicability of the holding in Brown v. Superior Court, 44 Cal. 3d
1049 to other situations involving the same or similar conduct.