The PREP Act Immunity Does Not Apply on Failure to Act

Louisiana Federal Court ruling - An update to previous post of Piercing the Veil

A few weeks ago, I posted an article about Piercing the Veil of The PREP Act.

read it here

Many long term care facilities and acute care facilities are being sued for wrongful death and negligence for failing to act accordingly to provide safe environments and to provide necessary countermeasures to those who live in the facilities.

How does these lawsuits relate to those who died or were severely injured by a COVID-19? The PREP Act grants immunity to manufacturers of vaccines and other countermeasures unless “willful misconduct” can be proven. And maybe, just maybe, we are getting closer to proving certain manufacturers might have crossed that line.

Now a new lawsuit emerges from the US District Court for the Western District of Louisiana. Intensive Specialty Hospital LLC (ISH) is being sued by the family of elderly resident who recently was placed in the facility for rehabilitation from gall bladder surgery. The family of the deceased allege his death was the direct result of ISH failure to administer countermeasure treatments and failure to protect the patient from getting the virus.

Many federal appeals courts including the US Court of Appeals in the Fifth Circuit have held that the PREP Act’s administrative claims procedure does not preclude state negligence and failure to act laws.

If we can prove that many early treatments were unlawfully excluded as necessary treatments, we can start moving closer to the standard of failure to act.

Keep learning, keep challenging yourself and always, always question authority.