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If You Engage in COVID-19 Vaccine Administration, Federal Law Under the PREP Act Protects You from Civil Liability

Written by: Sandra Mekita Cianflone, Esq.

You are entitled to PREP Act Immunity when:

  1. You are a “Covered Person,” because you are a licensed medical provider or a facility/practice;
  2. You are engaging in a “recommended activity,” because you are administering an FDA-approved COVID-19 vaccine;
  3. The alleged injury is causally related to the administration of the COVID-19 vaccine; and
  4. The COVID-19 vaccine is administered in accordance with the public health and medical response of the jurisdiction where the vaccine is administered.

The PREP Act provides immunity from suit and liability to licensed medical providers (including those practicing outside their scope of practice, out-of-state practitioners, and volunteer practitioners); persons and corporate entities who supervise or administer COVID-19 vaccine programs; and facilities administering the COVID-19 vaccine. They are covered when administering an FDA-approved COVID-19 vaccine when the vaccine is obtained or administered through a federal or private distribution channel or pursuant to authorization by the state or locale as part of their public health and medical response.

Immunity from suit and liability will apply when the alleged injury or death is caused by, arises out of, relates to, or results from the administration of the COVID-19 vaccine. This piece is broad enough to include those injuries sustained by a person who, for example, would trip and fall on the premises while seeking to obtain the vaccine.

For a more detailed discussion of COVID-19 PREP Act Immunity, please see the White Paper written by Hall Booth Smith, P.C.