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Maryland Court of Appeals Decision Threatens Research at Kennedy Krieger Institute

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A ruling by the Maryland Court of Appeals on August 16 appeared to threaten any research in the state of Maryland that requires the consent of a parent or guardian “to the participation of a child or other person under legal disability in nontherapeutic research or studies in which there is any risk of injury or damage to the health of the subject.” The court also ordered that the cases be remanded to lower courts for trial.

On October 11, however, the court issued a second ruling clarifying their first, in which they broaden the definition of “any risk” to include “any articulable risk beyond the minimal kind of risk that is inherent in any endeavor.” This latest ruling relieves the fear of many researchers that the court had effectively banned …

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