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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