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The application of the PREP Act is being more actively litigated now than ever before because of the pandemic. An unresolved question is whether the PREP Act provides protection to companies and their executives who are sued in shareholder class action suits.
To embed, copy and paste the code into your website or blog: On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued its fifth amendment[1] to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) related to COVID-19 (the “Declaration”), entitled “Fifth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID–19 and Republication of the Declaration” (hereinafter the “Fifth Amendment”).[2] This latest amendment adds additional categories of...
No Time to Lose: Solutions to Increase COVID-19 Vaccinations in the States The House Committee on Energy and Commerce, Subcommittee on Oversight and Investigations will hold a hearing on COVID-19 vaccine distribution and administration. Find more details here. Wednesday, February 3 Road to Recovery – Ramping Up COVID-19 Vaccines, Testing, and Medical Supply Chain The House Committee on Energy and Commerce, Subcommittee on Health will hold a hearing on the federal government’s handling of COVID-19 vaccine development, testing and the medical supply chain. Find more details here. Congress R...
To embed, copy and paste the code into your website or blog: On January 28, 2021, Norris Cochran, the acting secretary of the U.S. Department of Health and Human Services (HHS), amended the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 (PREP Act Declaration) in order to address the need to expand the pool of COVID-19 vaccinators to increase access to COVID-19 vaccinations. As background, the PREP Act (42 U.S.C. § 247d-6d) authorizes the secretary of HHS to issue a declaration to immunize certain individuals — including ...
To embed, copy and paste the code into your website or blog: 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 Countermeasures” against COVID-19. The Office of the General Counsel for HHS issued an omnibus advisory opinion on April 14 that addressed common questions and concerns about the scope of PREP Act immunity, as discussed in our April update. Last month, we described how courts across the country have interprete...