Product liability and mass torts partner Molly Flynn and associate Rebecca Trela coauthored an article for The Legal Intelligencer titled, “A Year Into the Pandemic, a Review of State, Federal COVID Tort Immunities,” that addresses the developing legal question of whether civil tort liability may be imposed against individuals or organizations that allegedly contributed to the COVID-19 pandemic spread, by act or omission.
In the article, Flynn and Trela note that plaintiff attorneys are advertising for clients affected by the virus and that several tort cases already have been filed. The authors highlight Pennsylvania’s and New Jersey’s state-enacted legislation and how they may provide limited tort immunities to some groups. The authors also discuss the tort immunities provided in the federal Public Readiness and Emergency Preparedness Acts (PREP Act), which provides “covered persons” with civil immunity for injuries or death arising from the provision of “covered countermeasures,” such as vaccines, FDA-approved medicines and devices, and personal protective equipment.
