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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A healthcare research institution shall be immune from suit and any liability under state law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to, or use by, an individual, including claims from loss caused by, arising out of, relating to, or resulting from the design, development, clinical testing or investigation or manufacture of any countermeasure, unless the loss can be determined to have resulted from the willful misconduct of the healthcare research institution or its employees in accordance with subsection (b).
(b) In any action arising under subsection (a), the plaintiff shall have the burden of proving, by clear and convincing evidence, willful misconduct by each healthcare research institution, or employee, against which a claim has been asserted and that the willful misconduct caused death or serious physical injury.
Cite this article: FindLaw.com - Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-11-1902 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-68-health-safety-and-environmental-protection/tn-code-sect-68-11-1902/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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