§1169.5. Limitation of liability; no cause of action created
A. Notwithstanding any provision of law to the contrary, a physician who prescribes
an investigational drug, biological product, or device to an eligible patient pursuant to the
provisions of this Subpart shall be immune from civil liability, including but not limited to
any cause of action arising under R.S. 40:1231.1 et seq., for any adverse action, condition,
or other outcome resulting from the patient's use of the investigational drug, biological
product, or device.
B. Nothing in this Section shall be construed as creating a cause of action by or on
behalf of any person against a manufacturer of an investigational drug, biological product,
or device, or against any person or entity involved in the care of an eligible patient using the
investigational drug, biological product, or device, for any harm done to the eligible patient
resulting from the investigational drug, biological product, or device.
Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.425 by HCR 84 of 2015
R.S.; Acts 2016, No. 355, §1.