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The Department of Health and Human Services (HHS) passed a Declaration under the Public Readiness and Emergency Preparedness (PREP) Act effective as of February 4, 2020 through October 1, 2024. Manufacturers are protected from legal liability for additional 12 months from the above expiration date.[1]

Under the PREP Declaration, negligence cases involving future COVID-19 vaccines, treatments and certain medical devices will be barred from state and federal courts with narrow exceptions. As such, the only remedy for injured parties will be the Countermeasures Injury Compensation Program, (CICP).[2]

 

Read the article by Kathleen Loucks which appeared in the May 18, 2020 Minnesota Lawyer.

 

[1] Declaration under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against Covid-19, 85 Fed. Reg. 15,198 (Mar. 17, 2020); 42 U.S.C. 247d-6d.

[2] 42 U.S.C 247d-6e.