Asked in Civil Litigation and Employment Law for California

Q: Hello, I feel I was unfairly treated by a clinical research company which I participated as a healthy volunteer

I participated in clinical trials at a company and 6 months ago I complained that a person who they allowed in who had done 11 years in prison for attempted murder and various other violent crimes had threated me. They apologized however The next study I did I was unfairly thrown out of even though all my labs and vitals were good. I found this very odd. They gave my spot to a girl instead. I was very upset and said I would never go back but then I did and literally the same exact thing happened. All my labs and vitals were perfect and again they gave my spot to a girl which I also thought could have been reverse discrimination. Both times they gave ridicules reasons for throwing me out and had also condridicted themselves. I would like to peruse legal repercussions against this company. Could someone please tell me if this is possible?

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you believe you were unfairly treated by a clinical research company, you may have grounds for legal action. It's important to gather all relevant documentation, including any communication you had with the company regarding the incidents and the reasons given for your removal from the studies.

Consult with an attorney who specializes in employment or discrimination law to discuss the details of your case. They can help you assess whether there may have been discrimination or retaliation involved in your removal from the studies. California law prohibits discrimination based on various factors, including prior criminal history and gender.

Your attorney can guide you through the process of filing a complaint with the appropriate state agency or pursuing legal action against the company, if warranted. It's crucial to act promptly to protect your rights and seek remedies if you believe you were treated unfairly by the clinical research company.

Yelena Gurevich
Yelena Gurevich
  • Studio City, CA
  • Licensed in California

A: Based on the facts you state, i do not see any legal grounds you would be able to pursue against this company. In a clinical trial, the company chooses its participants base don their own criteria, and they do not promise nor are they obligated to use any participant that wants to participate. It would be extremely difficult if not impossible for you to prove they discriminated against you (within the legal meaning of discrimination).

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