backOver the past year, there has been a proliferation of lawsuits against those responding to the public health emergency posed by the COVID-19 pandemic. Several hundred cases have already been filed against healthcare providers and owners and operators of senior care and other long-term-care facilities alleging negligence in failing to protect patients and residents from COVID-19. Future lawsuits can be expected to be filed against pharmaceutical and medical device companies involved in the manufacture and distribution of medications and devices used to treat or prevent the spread of COVID-19 under Emergency Use Authorization. Although most COVID-19-related lawsuits have been filed in state courts, many defendants have sought to remove these cases to federal court, invoking the protections of the Public Readiness and Emergency Preparedness Act of 2005 (the PREP Act), which immunizes from suit and liability entities involved in the manufacture, testing, development, distribution, administration and use of COVID-19 countermeasures. COVID-19-related litigation has therefore raised novel questions about the scope of the PREP Act’s immunity protections and whether the Act bestows federal jurisdiction. Topics for discussion will include:
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the state of COVID-19-related litigation against healthcare providers, owners/operators of senior care and other long-term-care facilities, and manufacturers of prescription drugs and medical devices;
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lessons learned thus far from ongoing COVID-19-related litigation;
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an overview of the PREP Act and its immunity protections;
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courts’ interpretations of the scope of PREP Act immunity;
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the PREP Act as a basis for federal removal jurisdiction; and
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federal officer removal in PREP Act cases.
If you have questions concerning this roundtable webinar, email Chayako Williams at cbwilliams@kslaw.com.
CLE
King & Spalding is an accredited provider of CLE credit in California, Georgia, Illinois, New York and Texas. We can issue reciprocal credit for attorneys licensed in Connecticut, Florida and New Jersey. We will apply for credit in Colorado, North Carolina and Virginia (subject to MCLE Board approval). For jurisdictions not listed, attendees are provided with a Universal Certificate of Attendance. New York licensed attorneys: Transitional/Appropriate for newly admitted and experienced attorneys. Financial aid is available for qualifying lawyers. For CLE-related questions, please contact Gisel Arias, garias@kslaw.com. King & Spalding, 1180 Peachtree Street NE, Atlanta, GA 30309. CA Provider #10947.