Remember to Explore a Plaintiff’s Pandemic Actions

Recently, we offered some thoughts about the heeding presumption in light of recent news reports of Americans acting in ways that are contrary to public health recommendations. Since then, the CDC published a report of a survey conducted of approximately 500 U.S. adults regarding their understanding and use of some chemical cleaning products and practices. Some of the reported results are shocking – even to those who profess to no longer be surprised by any unwise behaviors that people might engage in. For example, the…
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Will the National Vaccine Injury Compensation Program Be Busy in 2021 (and Beyond)?

The recent withdrawal of emergency use authorization for hydroxychloroquine and chloroquine got us thinking about the implications of rushing Covid-19 remedies—and more specifically, vaccines. “Vaccine development is a long, complex process, often lasting 10-15 years and involving a combination of public and private involvement.” Dr. Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases, recently said that by the beginning of 2021 the United States hopes 100 million doses of a Covid-19 vaccine will be available. Depending on when the coronavirus…
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New York Reduces Testing Requirement for Many Nursing Homes to Once a Week

We recently wrote about how there has been criticism of Gov. Andrew Cuomo’s Administration’s handling of nursing homes during the COVID-19 pandemic. On May 10, 2020, in response to that criticism, Gov. Cuomo issued executive Order EO202.30 which required all nursing homes in the state to test all of its staff twice a week and report any positive results to the Commissioner of Health. The May 10 Executive Order is available to view here. The Administration is now partially reversing that order after new…
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Mobile Medical Apps: To Be or Not to Be (Wellness or Medical)? That is the Question