title: Liability considerations presented by human gene therapy.
abstract: Through the use of a hypothetical scenario, this article examines the legal liability associated with gene therapy. Basic negligence principles are applied to the factual context of a human gene therapy experiment gone awry, including its prior governmental review and its potential effect on future generations. The federal requirements, while not preempting state law damages claims, do provide a mechanism for achieving some protection from liability. The effect on future generations raises questions about the limits of liability.
authors.affiliation: Hopkins & Sutter, Chicago, IL 60602.
authors.forename: J G
authors.initials: JG
authors.lastname: Palmer
mesh_terms: D002986:Clinical Trials as Topic / Q000331:legislation & jurisprudence; D030881:Disclosure; D017007:Duty to Warn; D035082:Federal Government; D015316:Genetic Therapy / Q000331:legislation & jurisprudence*; D006077:Government Agencies; D033161:Government Regulation; D006801:Humans; D007258:Informed Consent; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D035842:Research Subjects; D018570:Risk Assessment; D012941:Social Responsibility; D014481:United States