January 26, 2021

Do Virus Response Liability Protections Cover Vaccinations?

Law360
Nathan A. Adams IV

Healthcare Partner Nathan Adams authored a Law360 article about whether the PREP Act applies where a covered person declines to use a covered countermeasure when it arguably ought to have been used. This question came to light following a spate of recent lawsuits, most involving nursing homes and other healthcare facilities, where patients or their estates alleged that patients contracted COVID-19, because the facility, among other things, failed to provide its staff with personal protective equipment, failed to teach the staff how to properly use that equipment or failed to ensure that its staff used the PPE that it had been given.

READ: Do Virus Response Liability Protections Cover Vaccinations?

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