Health Affairs November 30, 2022
While the Public Readiness and Emergency Preparedness Act (PREP Act) is presumed to authorize the Secretary of the Department of Health and Human Services (HHS) to limit the liability of those tasked with responding to the COVID-19 pandemic, several hundred cases have already been filed against health care providers. Most notably, these include owners and operators of senior care and other long-term care facilities involving allegations of negligence in failing to protect patients from COVID-19.
The litigation is likely to reach beyond the long-term care sector. Biopharmaceutical manufacturers, distributors, pharmacies, and providers along the COVID-19 supply chain may face the risk of suits. These suits could test the liability protections of the PREP Act, as multiple courts of appeal have...
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