California Health and Safety Code
§ 121315
HSC § 121315 Effective Jan 1, 1996Div. 105 · Part 4 · Ch. 14
Statute text
View on leginfo.ca.gov(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.
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Legislative history
Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.