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On Tuesday, March 17, the Department of Health & Human Services (HHS) issued a Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) for Medical Countermeasures Against COVID-19. The declaration provides liability immunity to certain individuals and entities against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures.  The only exception is for claims involving “willful misconduct” as defined in the PREP Act.  For Johnson & Bell’s hospital and nursing home clients, the liability immunity covers licensed health professionals and other individuals authorized to prescribe, administer, or dispense Covered Countermeasures, as well as the institutions for which they work.

Click to download the full HHS press release.

If you have any questions about the HHS development and its potential impact on your organization, please contact the Johnson & Bell Health Care attorney with whom you work.  A complete roster of our attorneys can be found here.

Johnson & Bell's Health Care Practice

The Health Care group at Johnson & Bell defends hospitals and nursing homes, including their respective professionals, in medical malpractice cases. Our attorneys have successfully defended thousands of malpractice cases, trying hundreds to verdict.  Our group has handled cases arising out of both acute care hospital and outpatient settings involving every medical specialty.

About Johnson & Bell

Clients rely on Johnson & Bell to defend their interests in court.  We accomplish their objectives by providing efficient, effective and creative legal counsel.   For nearly 45 years, we have represented companies from a range of business sectors, including manufacturing, chemicals, transportation, drug stores, real estate, banking, insurance, trucking, health care, accounting, law, consulting, constructionhospitality and retail, as well as local, city and state governments and municipalities.  These clients trust Johnson & Bell to deliver viable solutions to their business challenges.  We are proud of the results we have delivered on their behalf.