Physicians Practice: James Embrey Discusses Liability Issues Related to the COVID-19 Vaccine

In an article published online in Physicians Practice on June 3, 2021, Partner James R. Embrey, Jr. discusses liability issues related to the COVID-19 vaccine.

“As the long lines of patients seeking a life-saving vaccine begin to shorten, the physicians, nurses, pharmacists, medical technicians, and other health care professionals who have been working tirelessly to administer all those shots in the arm are bracing for a new threat: liability lawsuits,” he writes.

The Public Readiness and Emergency Preparedness Act (PREP Act) provides immunity from legal liability for covered persons who work on the development, testing, manufacturing, and distribution of the vaccine (e.g., wholesalers, retailers, re-packers, common and contract carriers), plus those who are authorized to administer or dispense the vaccine. Yet despite the PREP Act’s broad immunity coverage, plaintiffs’ attorneys have already been filing complaints in many jurisdictions in an effort to test the waters for possible wins that could set precedent in other venues.

“Most of the risk of medical malpractice litigation related to COVID-19 vaccines comes from the possibility that staff did not follow their own best practices,” James explains, “and this risk can be greatly reduced by meticulous adherence to procedures.”

To help vaccine administrators minimize their risk, he covers key considerations every medical practice needs to know and prepare for as the public health campaign to quickly administer COVID-19 vaccines spurs a wave of litigation.

For the full article, click here.