In the last two years, pharmaceutical companies have begun to
offer innovative warranty programs for certain therapies as a means
of promoting patient access. Under these arrangements, the
manufacturer pays a premium to a third-party, which in turn offers
a full or partial refund in the event the drug fails to meet one or
more specified clinical outcomes. Compared with other value-based
arrangements, warranty programs tend to be less complex and thus
easier for administrators to administer, making it possible to
enter into these arrangements with patients, providers, and less
sophisticated payors. However, warranty programs are not without
associated costs and legal risk.
We hosted an interactive discussion with Real Endpoints where we explored the strategic and legal implications surrounding pharmaceutical warranty programs, as well as emerging best practices for implementing such arrangements.
Download the presentation materials here.
- Jane F. Barlow, MD, MPH, MBA, Chief Clinical Officer, Real Endpoints
- Erin Estey Hertzog, Partner, Foley Hoag LLP
- Ross Margulies, Partner, Foley Hoag LLP
- Brooke Yates, Partner, Foley Hoag LLP
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