Focus
June 10, 2005
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Gene Clue to Brain Asymmetry Revealed on Right Side

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Fetal-cell Transplants Reverse Parkinson’s in Two Patients

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Discord Found in Clinical-trial Contracts

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Front Page

CLINICAL RESEARCH

Discord Found in Clinical-trial Contracts

Greater Harmony in Agreements Might Strengthen Academic Freedom

Michelle Mello
Photo by Steve Gilbert

Michelle Mello believes that greater openness about contractual relationships with sponsors could lead to more standardization in clinical-trial agreements.


Though industry provides about 70 percent of the funding for clinical trials conducted by academic researchers across the country, the contracts between sponsors and academic medical centers that govern the trials show little standardization. In a study of contract provisions that restrict researchers’ control over clinical trials, Michelle Mello and colleagues show that centers are divided on key issues of data ownership and dissemination and of confidentiality. Their findings, which address ways to bolster academic freedom, appear in the May 26 New England Journal of Medicine.

Using a mail survey of research administrators who negotiate clinical-trial agreements with industry sponsors, Mello, an HSPH associate professor of health policy and law; David Studdert, an HSPH associate professor of law and public health; and Brian Clarridge, of the Center for Survey Research at the University of Massachusetts, gathered detailed information from 107 administrators out of the 122 they contacted. The researchers found a weighty consensus on many of the policies they queried regarding multicenter clinical trials: 96 percent of administrators said their office would allow a sponsor to review a research manuscript for an agreed-upon period prior to publication; 87 percent said their office would allow a sponsor to delay publication beyond the set time while a patent application was filed; and 93 percent said their office would not allow a sponsor to decide that the results should not be published.

But some of the finer contractual points drew more disagreement among respondents. Addressing data ownership, Mello and her colleagues asked if research administration offices would allow a sponsor to store study data and release portions to the investigators: 35 percent of administrators said yes; 30 percent said no; and 36 percent were not sure. Would research offices allow a sponsor to write up study results for publication if the investigators could review the manuscript and suggest revisions? Yes, said 50 percent of administrators; no, said 40 percent; not sure, said 11 percent. Would research offices allow a sponsor to prohibit investigators from sharing raw data with third parties after the trial was over? Yes, said 41 percent; no, said 34 percent; not sure, said 24 percent.

“The clinical-trial agreement is the critical regulator of threats to academic freedom.”
The study suggests that the pressures under which the contracts are negotiated might contribute to the dissonance of the administrators’ response. Multicenter, industry-initiated agreements are particularly difficult to hammer out since administrators and prospective sponsors may be working at cross-purposes. In addition, the perception on the part of 69 percent of administrators that there is keen competition for research funding tends to lead to compromise on contractual language.

One further area of disagreement among research administrators is an issue on which the current study hinges, according to Mello and her collaborators. When asked if their offices would allow a sponsor to stipulate that the terms of a clinical-trial agreement remain confidential, 62 percent of administrators said yes and 37 percent said no. During their analysis, in fact, the researchers found that most centers would not let them look at contracts directly. The scientists back the minority response on this question, arguing that greater openness and more agreement on the sharing of information about contractual relationships with sponsors would help build consensus about appropriate standards across all academic medical centers.

“The clinical-trial agreement is the critical regulator of threats to academic freedom,” they write, “with the potential to induce researchers’ compliance with a sponsor’s demands or to protect researchers from them.”


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