Product liability and mass torts partner Jessica Cox and associate Eric Friedman coauthored an article for the Indiana Lawyer titled, “Cox, Friedman: Federal, State Protections For Manufacturers of Covid-19 Products” that discusses The Public Readiness and Emergency Preparedness (PREP) Act and similar protections from liability under Indiana Law.
Cox and Friedman breakdown the declaration of the Secretary of Health and Human Services, issued in March 2020, that invoked the PREP Act’s protections in the context of the COVID-19 virus. The authors explain that the declaration immunizes Covered Persons from liability for manufacturing, testing, developing, distributing, administering, or using Covered Countermeasures and for engaging in certain Recommended Activities. Cox and Friedman go on to define Covered Persons, Covered Countermeasures and Recommended Activities.
The article also highlights the Indiana Code 34-30-33-4, which immunizes manufacturers and suppliers of “COVID-19 protective products.”