Data Reporting Case Analyzed

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Ropes & Gray says that a recent federal court ruling may require clinical trial sponsors to report a decade’s worth of previously exempted data to ClinicalTrials.gov. “If the government allows the ruling to take effect without appealing, or if it is upheld on appeal, this decision could prove onerous for study sponsors who have relied on this exemption in the National Institutes of Health recommendations,” the firm’s lawyers write. “There is now a substantial amount of data — nearly 10 years’ worth of clinical trial results for products that had not received marketing authorization at the time of trial completion — that may ultimately need to be submitted to ClinicalTrials.gov.”

The analysis gives an overview of relevant clinical trial results disclosure requirements, describes the New York federal court’s rationale for invalidating the government’s interpretation of FDA Amendment Act (FDAAA) provisions in Seife v. Department of Health and Human Services, and discusses implications for industry, academic institutions, and other parties responsible for complying with FDAAA requirements.

Noting that HHS has not announced whether it will appeal the decision, the analysis says that “given the competing priorities at HHS and the historical lack of enforcement related to ClinicalTrials.gov, it remains to be seen whether and how HHS will take any action to require reporting in line with the court’s decision. For now, Responsible Parties should recognize that Basic Results for pre-rule applicable clinical trials of products that were not yet approved or cleared at the time of completion of the trial may need to be reported in the future. In the meantime, it would be prudent for Responsible Parties to take an inventory of clinical trials potentially impacted by the Seife decision so that Basic Results reporting, if ultimately required, could begin without significant delay.”

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