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“3rd Circ. Risks Twisting COVID Immunity Law Into Pretzel,” Law360

In a Law360 article published on November 12, Columbus-Based Partner Teresa Tomlinson commented on whether the Public Readiness and Emergency Preparedness (PREP) Act should apply in wrongful death lawsuits against nursing homes following the 3rd U.S. Circuit Court of Appeals’ decision to allow two cases against nursing home facilities to proceed in state courts.

Tomlinson argues that the PREP Act did apply in such cases: “Amid the pandemic, the U.S. Department of Health and Human Services has defined use and administration of countermeasures as meaning ‘the physical use of countermeasures as well as the management and operation of a countermeasure program and a countermeasure facility. The nursing homes in question were running such programs and facilities.’”

Subscribers to Law360 may read the complete article here.