The sponsor is responsible for compensating for the harmful consequences of the clinical investigation for the person who takes part in it and for that of his successors, unless he can prove that the damage is not attributable to his fault or to the fault of any other party involved, without it being possible to invoke the action of a third party or the voluntary withdrawal of the person who had initially agreed to take part in the clinical investigation.
Where the sponsor is not liable, victims may be compensated under the conditions set out in article L. 1142-3.
All clinical investigations, with the exception of those which do not involve any risk or constraint and in which all procedures are carried out and products are used on a routine basis, require the promoter to take out prior insurance covering its civil liability as set out in this article and that of all participants, regardless of the nature of the relationship between the participants and the promoter. The provisions of this article are a matter of public policy.
The liability insurance cover referred to in the previous paragraph covers the financial consequences of claims arising from clinical investigations, with the exception of those which do not involve any risk or constraint and in which all the procedures are performed and the products are used on a routine basis, provided that the first claim is made to the insured or his insurer between the start of the clinical investigation and the expiry of a period which may not be less than ten years from the end of the investigation. If the person undergoing the clinical investigation is under eighteen years of age at the time of completion of the investigation, this minimum period runs from the date of his eighteenth birthday.
For the application of this article, the State, when acting as sponsor, is not obliged to subscribe to the insurance obligation provided for in the third paragraph. It is, however, subject to the obligations incumbent on the insurer.