Confirmatory phase 3 trials seem to be not uncommon. Most recently PAR was advised by the FDA that they would need to have 2 phase 3 trials for their PPS drug. They approached the FDA wanting to use confirmatory data but were forced to undertake a capital raising for a confirmatory phase 3 trial that they will be running concurrently with the first phase 3 trial.
REVASCOR - CHF Insurance Coverage, page-80
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