This article originally appeared in Law360 on April 13.

The Public Readiness and Emergency Preparedness Act, along with the declaration by the U.S. Department of Health and Human Services on countermeasures against COVID-19, provide hospital systems with broad liability protections for measures taken in response to the pandemic.

There are limitations, however, to immunity under the PREP Act and hospital systems, which have been forced to use uncleared medical devices, such as modified and split ventilators, should understand those limitations. Hospitals also can take steps to mitigate their exposure to common law tort claims.

Click for the full article: Upping Hospitals’ Liability Defenses For COVID Measures

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*This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship.  Please contact your Sheppard Mullin attorney contact for additional information.*