Sat Apr 29, 2023 – 3:25 pm EDTSat Apr 29, 2023 – 3:27 pm EDT
(LifeSiteNews) – In what could be a turning point for efforts to hold COVID-19 treatment manufacturers accountable for the dangers of their products, a California medical freedom attorney says he has been able to circumvent a legal defense based on a federal law immunizing drug companies from liability under certain circumstances.
The federal Public Readiness and Emergency Preparedness (PREP) Act of 2005 “authorizes the Secretary of Health and Human Services (HHS) to limit legal liability for losses relating to the administration of medical countermeasures such as diagnostics, treatments, and vaccines,” according to the Congressional Research Service (CRS). Near the beginning of the pandemic, the Trump administration’s HHS invoked the Act in declaring the virus a “public health emergency.”
Under this “sweeping” immunity, CRS explains, the federal government, state governments, “manufacturers and distributors of covered countermeasures,” and licensed or otherwise-authorized health professionals distributing those countermeasures are shielded from “all claims of loss” stemming from those countermeasures, with the exception of “death or serious physical injury” brought about through “willful misconduct,” a standard that, among other hurdles, requires the offender to have acted
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