Potential exposure to liability of investigators performing clinical research in developing nations.

In Z the risk of liability would be determined by the statute, code or common law of the country. The treatment of personal injury and particularly malpractice liability varies widely among nations particularly in civil law jurisdictions. Jurisdiction over the investigator who has returned to the US may not be readily established. The University and the drug company may be even further removed. This all depends on the nature and existence of a suitable long arm statute in Z. A judgment rendered at a trial in Z might not receive full faith and credit when presented at a US court. All of this offers substantial insulation from possible suit. As an example the interest by the plaintiff bar in the US in clients from Bopal dimmed when it became clear that litigation would occur in India and not the United States.