PREP Act

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Back in March, we discussed the Administration’s declaration of tort immunity under the “PREP Act” (42 U.S.C. §§247d-6a, et seq.) for “countermeasures” combating the COVID-19 epidemic.  Today, we’re discussing the first cast that we know of to construe this declaration.

That case is Estate of Maglioli v. Andover Subacute Rehabilitation Center I, 2020…

We haven’t had a word to say on the Blog about the biggest health story in the world.  That was because, until now, there wasn’t a product liability angle to it.  That’s now changed.  On March 17, 2020, the U.S. Department of Health and Human Services (“HHS”) published in the Federal Register a “notice of…