News & Analysis as of

Pharmaceutical Industry Immunity

Fox Rothschild LLP

Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents

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More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more

Faegre Drinker Biddle & Reath LLP

Michigan Repeals Pharma Immunity Provision

Michigan recently signed into law a repeal of the immunity provision under its Product Liability Act, presenting a new litigation risk in Michigan for pharmaceutical companies. The provision had granted near-complete immunity...more

Morgan Lewis

The PREP ACT: Critical Liability Immunity for Critical Products

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As the coronavirus (COVID-19) pandemic resurges, PREP Act liability immunity continues to be critical for manufacturers and users of COVID-19 medical products. ...more

Hogan Lovells

PREP Act declaration amended to clarify coverage of certain products not directly used for COVID-19

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On Monday, the U.S. Department of Health and Human Services (HHS) issued a second amendment (the Amendment) to the March 10, 2020 Declaration under the Public Readiness and Emergency Preparedness (PREP) Act for Medical...more

Goodwin

Recent Developments in Humira (adalimumab) Antitrust Suit

Goodwin on

We have previously reported on the class action suit against AbbVie alleging misconduct and antitrust violations in connection with AbbVie’s assertion of patents to prevent the sale of biosimilar versions of Humira® in the...more

Holland & Knight LLP

PREP Act: Liability Protection Is Available During COVID-19 Pandemic

Holland & Knight LLP on

Issues relating to liability for pharmaceutical, personal protective equipment (PPE) and diagnostic test businesses as well as for physicians and healthcare personnel in the coronavirus (COVID-19) context remains a salient...more

Troutman Pepper

HHS Issues Advisory Opinion Clarifying Prep Act Immunity

Troutman Pepper on

In response to a wave of questions from organizations looking to contribute to the fight against COVID-19, HHS recently clarified the bounds of immunity under the Public Readiness and Emergency Preparedness (PREP) Act, which...more

Goodwin

Qualifying for Immunity Under the U.S. PREP Act During COVID-19

Goodwin on

As part of the U.S. government’s response to the COVID-19 pandemic, on March 10, 2020, the Secretary of Health and Human Services (“Secretary”) issued a Declaration pursuant to the Public Readiness and Emergency Preparedness...more

Hogan Lovells

HHS Issues Advisory Opinion Encouraging a Broad Reading of its PREP Act Declaration

Hogan Lovells on

On April 14, 2020, the Department of Health and Human Services (HHS) General Counsel issued an advisory opinion (“the Opinion”) on the March 10, 2020 Public Readiness and Emergency Preparedness Act (“PREP Act”) Declaration...more

Hogan Lovells

HHS guidance confers PREP Act immunity to pharmacists for certain COVID-19 tests

Hogan Lovells on

On April 8, 2020, the Office of Assistant Secretary for Health (OASH), in the U.S. Department of Health and Human Services (HHS) issued Guidance for Licensed Pharmacists, COVID-19 Test, and Immunity Under the PREP...more

Nutter McClennen & Fish LLP

Policymakers Grant Tort Immunity to Health Care Providers Developing a Cure for COVID-19

Federal and state government agencies have taken a series of unprecedented steps in recent days to fast-track the availability of coronavirus (COVID-19) diagnostic testing and spur innovation in the design and development of...more

BakerHostetler

Immunity From Liability for Persons Engaged in Medical Countermeasures Against the COVID-19 Pandemic

BakerHostetler on

On March 17, 2020, pursuant to the Public Readiness and Emergency Preparedness Act (PREP Act) and the Pandemic and All-Hazards Preparedness Reauthorization Act, HHS Secretary Alex M. Azar II issued a declaration (Declaration)...more

Morrison & Foerster LLP - Class Dismissed

Prep Act Declaration Emboldens Drug And Device Industry To Innovate In The Face Of A Growing Crisis

COVID-19 is, quite literally, putting the medical supply industry to the test. Manufacturers are being pushed to develop novel products like therapies and vaccines to combat the disease as quickly as possible. The Public...more

McGuireWoods LLP

Countermeasures and Why They Matter for Liability During COVID-19

McGuireWoods LLP on

Under the Public Readiness and Emergency Preparedness Act, the secretary of the U.S. Department of Health and Human Services can issue a declaration to provide immunity for individuals and entities from any liability arising...more

Butler Snow LLP

HHS Declares Liability Immunity for Certain COVID-19 “Countermeasures”; Response Act Expands Protections for Mask Makers

Butler Snow LLP on

Earlier this week, we discussed current trends and future implications of COVID-19 on businesses operating in the products arena, noting the most direct impact so far on the pharmaceutical and medical device spaces....more

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