News & Analysis as of

Public Readiness and Emergency Preparedness Act (PREP Act) Immunity

Weber Gallagher Simpson Stapleton Fires &...

A Federal District Court Judge Ruled that a Nursing Home Cannot Use the Public Readiness and Emergency Preparedness Act as Shield...

A Federal Court has denied a nursing home’s Motion to Dismiss a claim brought by the daughter of a resident who passed away in April of 2020 due to complications from COVID-19. The facility in Pennsylvania allegedly had...more

Troutman Pepper

Third Circuit Rejects Federal Jurisdiction Based on Nursing Home’s Assertion of PREP Act Immunity: How This Ruling Could Benefit...

Troutman Pepper on

Why It Matters - This is the first federal circuit court ruling to address federal removal jurisdiction based on PREP Act immunity. Although the nursing home lost its removal argument, the Third Circuit’s opinion may...more

Hogan Lovells

U.S. courts continue to apply narrower view of PREP Act immunity

Hogan Lovells on

During the past 12 months, we’ve published several articles on the 10 March 2020, Public Readiness and Emergency Preparedness Act (PREP Act) Declaration related to COVID-19 as well as covering the five amendments to the PREP...more

Husch Blackwell LLP

PREP Act Offers Immunity To Product Manufacturers And Premises Owners From COVID-19 Liability

Husch Blackwell LLP on

The Public Readiness and Emergency Preparedness Act (PREP Act) may provide immunity to product manufacturers and premises owners who face liability from their administration or use of antivirals, drugs, biologics,...more

Harris Beach PLLC

HHS Further Amends Declaration Under the PREP Act to Address Influenza and COVID-19 Impact and Add Pharmacist Vaccinators

Harris Beach PLLC on

The Secretary of the U.S. Department of Health and Human Services (HHS) has issued the Eighth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act (“PREP Act”) for Medical Countermeasures...more

Morgan Lewis - Health Law Scan

Additional PREP Act Amendments Accommodate Vaccination Administration Needs

Given the significant push to vaccinate the public since the start of 2021, the increasing availability of vaccines, and the need to recruit additional personnel to administer vaccinations, the secretary of the US Department...more

Amundsen Davis LLC

Patience Required: New Federal Court Opinion On The Application Of COVID-19 Immunities

Amundsen Davis LLC on

We are all aware of the Illinois Immunity Orders put in place to provide protections for health care providers related to care and treatment of patients during the COVID-19 pandemic. A recent federal court opinion suggests...more

Jackson Lewis P.C.

PREP Act And COVID-19 Vaccinations: Health And Human Services Department Clears Way To Assist

Jackson Lewis P.C. on

Individuals and organizations that want to play a role in administering countermeasures to combat a disease or combat a public health emergency, such as COVID-19, worry about the potential legal exposure. The choice to...more

Sheppard Mullin Richter & Hampton LLP

Authorized Government Contractors Now Covered Persons Under the PREP Act

The Secretary of the U.S. Department of Health and Human Services recently added government contractors to the list of entities eligible for immunity from liability under the Secretary’s March 17, 2020, Public Readiness and...more

Jackson Walker

What Health Care Providers and Facilities Should Know About the PREP Act's "Covered Countermeasures"

Jackson Walker on

As many businesses and those in the health care industry wonder what protections, if any, they have against COVID-19-related litigation claims, Jackson Walker's Healthcare practice chair, Virginia Mimmack, and healthcare...more

Robinson+Cole Health Law Diagnosis

COVID-19 Vaccine Update: HHS Expands Pool of Eligible Vaccinators under PREP Act

On January 28, 2021, the Department of Health and Human Services (HHS) issued a Fifth Amendment to HHS’s Declaration under the Public Health Readiness and Emergency Preparedness Act (PREP Act) that provides liability immunity...more

ArentFox Schiff

HHS to Permit Retired and Out-of-State Nurses and Doctors to Administer COVID-19 Vaccines

ArentFox Schiff on

The Department of Health and Human Services (HHS) is working to dramatically increase the number of available vaccinators who may administer COVID-19 shots. At a press briefing held on January 27, 2021, White House...more

Holland & Knight LLP

The PREP Act and Vaccines Immunize, But Equally Well?

Holland & Knight LLP on

The executive and judicial branches do not see eye-to-eye on the scope of PREP Act immunity. The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have...more

Seyfarth Shaw LLP

New HHS Advisory Opinion Confirms Complete Federal Preemption for PREP Act Cases and Applicability of the Act’s Defenses in...

Seyfarth Shaw LLP on

The US Department of Health and Human Services (“HHS”) issued an Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete...more

Foley & Lardner LLP

HHS Expands and Clarifies Scope of Immunity under the PREP Act

Foley & Lardner LLP on

Back in March, we wrote about how the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (PREP) Act to grant immunity to “Covered Persons” providing “Covered...more

Jackson Walker

HHS Takes Major Step to Expand COVID-19-Related Cross-Border Telehealth Access and Immunity

Jackson Walker on

On December 3, 2020, the federal government took a significant step to reduce barriers to healthcare practitioners’ ability to provide COVID-19-related telehealth services across state lines by amending its previous...more

Faegre Drinker Biddle & Reath LLP

HHS Issues New PREP Act Immunity to Marburgvirus Countermeasures

On December 9, 2020, the Department of Health and Human Services (HHS) Secretary Alex Azar issued a new notice of declaration under the Public Readiness and Emergency Preparedness (PREP) Act (the Declaration) to provide...more

McDermott Will & Emery

Waiver of State Licensure Requirements for the Delivery of COVID-19 Countermeasures via Telehealth

McDermott Will & Emery on

In a fourth amendment to the March 17, 2020, Public Readiness and Emergency Preparedness Act (PREP Act), the US Department of Health and Human Services (HHS) has expanded access to COVID-19 Covered Countermeasures through...more

Morgan Lewis

HHS Expands PREP Act Liability Immunity

Morgan Lewis on

With coronavirus (COVID-19) vaccines on the horizon amid the surging pandemic, critical extensions expand the scope of liability immunity under the PREP Act....more

Seyfarth Shaw LLP

More Than a Game Changer: Fourth Amendment to PREP Act Declaration Establishes Federal Jurisdiction, Bolsters Immunities, and...

Seyfarth Shaw LLP on

On December 3, 2020, the U.S. Department of Health and Human Services (HHS) issued another groundbreaking amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act). ...more

Patterson Belknap Webb & Tyler LLP

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and...more

White and Williams LLP

HHS Purports to Expand Civil Immunities Related to COVID-19 Vaccine

White and Williams LLP on

On December 3, 2020, in anticipation of one or more forthcoming COVID-19 vaccines, the U.S. Department of Health and Human Services (HHS) purported to broadly expand civil immunity from tort claims related to the manufacture,...more

Faegre Drinker Biddle & Reath LLP

Department of Health and Human Services Amends PREP Act Declaration

On December 3, 2020, the U.S. Department of Health and Human Services (HHS) amended its Public Readiness and Emergency Preparedness Act (PREP Act) Declaration for Medical Countermeasures Against COVID-19 in order to clarify...more

Foley & Lardner LLP

PREP Act Immunity in the COVID-19 Era: Recent Decisions Impacting Your Defenses to Coronavirus-Related Claims

Foley & Lardner LLP on

On March 25, 2020, we reported that the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (“PREP”) Act to provide immunity to “Covered Persons” providing “Covered...more

Holland & Knight LLP

COVID-19 Vaccinations Are Coming, But What Will the PREP Act Immunize?

Holland & Knight LLP on

The Public Readiness and Emergency Preparedness Act, Public Law 109-148, Div. C, § 2 (2005) (PREP Act), as amended, authorizes the Secretary of Health and Human Services (HHS) to limit legal liability for losses relating to...more

77 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide