We got our second anti-Covid jab this week, so we’ll celebrate by discussing a COVID/PREP Act case. The PREP Act (PREP stands for “Public Readiness and Emergency Preparedness”) declaration of immunity is limited to “covered countermeasures” obtained either through agreement with the federal government or otherwise in response to the COVID-19 pandemic. The purpose of

We’ve already commented about the broad scope of tort immunity conferred by the March, 2020 Notice of Declaration under the Public Readiness & Emergency Preparedness Act (“PREP Act”), 42 U.S.C. §247d-6d.  That original immunity covered all aspects of government-related or sponsored production and use of anti-COVID countermeasures.  It was, as one of our colleagues put

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