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The Appellate Division of the Third Department issued its decision in Hauser v. Fort Hudson Nursing Ctr., holding that the damages available to plaintiffs in cases asserting a private right of action...
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.
Highlights The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have interpreted the Public Readiness and Emergency Preparedness Act (PREP Act), insisting that the HHS Secretary's Declaration under the Act must be construed in accordance with HHS advisory opinions. In light of a spate of recent lawsuits related to COVID-19, most involving nursing homes and other healthcare facilities, HHS has received questions as to whether the PREP Act applies where covered persons (i.e., staff) decline to use a covered countermeasur...