Fraud invalidates any indemnification.
Fraud vitiates everything. SCOTUS
How do you prove fraud when those that determine fraud, use fraud to cover the fraud?
Exactly, that is why the manufactures are fighting so hard to restrict access to their clinical data. They know that if it can be shown in court, that the evidence provided to the FDA was false or intended to commit fraud, they are then liable for every death and injury caused by their product.