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Medical Devices · Clinical Trials Liability

Specialty Clinical Trials Liability.

Coverage for bodily injury claims from human subjects participating in medical device clinical trials.

02 · Coverage overview

About clinical trials liability.

Clinical trials liability insurance responds to bodily injury claims brought by human subjects who participate in a device study. It is a separate placement from products liability, and sponsors are generally required to carry it before a site will enroll a single patient.

The requirement is contractual as much as regulatory. Institutional review boards, site agreements, and sponsor obligations all reference insurance, and the specific terms vary by site and by country. This page covers what the coverage responds to, what sites and IRBs typically require, and how to structure a program across a multi-site study.

What Clinical Trials Liability Covers

The policy responds to injury sustained by an enrolled subject arising from the investigational device or the study procedures, along with the cost of defending those claims. Coverage is normally arranged per study rather than as a blanket corporate policy.

Sites almost always require additional insured status for the institution and its personnel, and they require a certificate before activation. Those requirements are specific, and a certificate that does not match the language in the clinical trial agreement will hold up site activation.

What Sites And IRBs Require

The insurance schedule inside the clinical trial agreement is the controlling document. It sets the limits, the additional insured wording, and the notice provisions. Some institutions also require subject injury or compensation provisions that go beyond what a standard policy contemplates.

Requirements are not uniform. Academic medical centers, community sites, and international institutions each carry their own standards, and a program built to satisfy the first site may not satisfy the fifth.

Structuring Coverage Across A Multi-Site Study

Limits are usually arranged per study with an aggregate across the trial. As sites are added mid-study, the program has to be endorsed to reflect them, and each new site brings its own certificate and additional insured requirements.

The transition out of the trial matters as much as the trial itself. Clinical trials coverage does not convert into the commercial program, and claims from study subjects can arrive after the study closes. That is what makes the tail arrangement worth deciding before the study ends rather than after.

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03 · Common questions

Frequently Asked Questions

Do We Need Trial Insurance Before The First Site Activates?

In practice, yes. Site agreements typically require evidence of coverage before enrollment begins, and the certificate has to match the wording in the agreement. Arranging it late is a common reason site activation slips.

Does Products Liability Cover A Clinical Trial?

Usually not. Products liability responds to the device in commerce, and study subject injury is generally excluded or simply not contemplated. Clinical trials liability is a separate placement.

What Happens To Trial Coverage After Clearance?

It does not become the commercial program. Once the device is cleared and shipping, products liability takes over that exposure. The trial policy may still need a tail so claims from study subjects that surface later remain covered.

Do International Sites Change The Requirements?

Yes. Local requirements, subject compensation regimes, and admitted paper rules differ by country, and some jurisdictions require locally issued coverage. Confirm before you commit to a site in a new country.

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