News & Analysis as of

Public Readiness and Emergency Preparedness Act (PREP Act) Personal Protective Equipment

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

Foley & Lardner LLP

CPSC Issues COVID-19 Consumer Products Guidance, Further Muddying the Regulatory Waters and Increasing Scrutiny of COVID-19...

Foley & Lardner LLP on

As the COVID-19 pandemic continues, and with an incoming Biden administration that is expected to step up efforts to control the spread of the virus, use of personal protective equipment (“PPE”) and cleaning/disinfectant...more

Harris Beach PLLC

FDA Limits Respirator Manufacturers who can Apply for Authorization Under EUA

Harris Beach PLLC on

The FDA recently reissued an Emergency Use Authorization (“EUA”) for the sale and import of certain non-NIOSH-approved respirators manufactured in China and used by healthcare personnel in the United States but, critically,...more

MoFo Life Sciences

First Decisions Limit Prep Act Immunity In Coronavirus Context

MoFo Life Sciences on

When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and...more

Faegre Drinker Biddle & Reath LLP

PREP Act Does Not Require Federal Forum for State Law Negligence Claims Related to COVID-19

A New Jersey District Court Judge has ruled that the March 2020 federal liability immunity statute for pandemic-related countermeasures does not create a basis for federal jurisdiction, resulting in the remand of two...more

Pillsbury Winthrop Shaw Pittman LLP

The Limited Pandemic Federal Liability Protections

Businesses await clarity from the federal government on liability protections for injuries resulting from COVID-19. Current federal law provides liability protection to businesses but is limited to COVID-19 related...more

Sheppard Mullin Richter & Hampton LLP

Navigating FDA Policies for PPE, and Liability Protections

The US Food and Drug Administration (FDA) has been developing and shifting its guidelines for Personal Protective Equipment, or PPE, during COVID-19. The Agency has articulated its guidelines for PPE in one of two ways: (1)...more

Hogan Lovells

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

Hogan Lovells on

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

Conn Kavanaugh

Products Intended to Fight COVID-19 Protected by Broad – but Not Unlimited – Immunity From Suit

Conn Kavanaugh on

On January 31, 2020, the Secretary of the United States Department of Health and Human Services declared a public health emergency under the Public Health Service Act to aid the health care community’s response to the spread...more

Womble Bond Dickinson

Face Masks – Liability Considerations for Manufacturers and Sellers

Womble Bond Dickinson on

The Centers for Disease and Control and Prevention (CDC) is now recommending that the general public wear face masks to help slow the spread of COVID-19. Along with this recommendation, many businesses, individuals, and other...more

Society of Corporate Compliance and Ethics...

Compliance professionals find some relief under PREP Act

Report on Supply Chain Compliance 3, no. 9 (April 30, 2020) - Companies that are switching production lines to help produce critical medical equipment have a measure of liability immunity under the Public Readiness and...more

Harris Beach PLLC

FDA’s Emergency Use Authorization Expands Class of Mask Manufacturers and Distributors Entitled to Immunity

Harris Beach PLLC on

In response to increased concerns regarding insufficient personal protective equipment (“PPE”), the FDA recently issued an Emergency Use Authorization (“EUA”) applicable to face masks for use by both the general public and...more

Faegre Drinker Biddle & Reath LLP

Do State Good Samaritan Laws Offer Any Product Liability Protection?

As the COVID-19 pandemic continues to strain the manpower and protective tools necessary to combat the spread of infectious disease, many companies are stepping up efforts to produce, modify and/or distribute essential...more

Faegre Drinker Biddle & Reath LLP

FAQs: Are Component Part Manufacturers Entitled to Immunity Under the PREP Act, the CARES Act or the DPA?

Component part manufacturers of important lifesaving and life-protecting equipment have been essential players in the first line of defense against the COVID-19 pandemic. In the previously normal legal context, these...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

Faegre Drinker Biddle & Reath LLP

HHS Issues Advisory Opinion on PREP Act Declaration Immunity

On April 14, 2020, the General Counsel for the Department of Health & Human Services (HHS) issued an Advisory Opinion (the Opinion) concerning the Public Readiness and Emergency Preparedness Act (the PREP Act) and the March...more

Sheppard Mullin Richter & Hampton LLP

Families First Coronavirus Response Act: Face Mask Manufacturers and Distributors Protected from Liability for Coronavirus Deaths

On March 18, 2020, the President signed into law the Families First Coronavirus Response Act, H.R. 6201, Pub. L. No. 116-127 (the “Coronavirus Response Act”). Among other measures in response to the current pandemic, this...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

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

19 Results
 / 
View per page
Page: of 1

"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