PREPA Extends Liability Immunity to Manufacturers of Component Parts and Suppliers of Raw Material Suppliers Used in COVID-19 Countermeasures

With the COVID-19 outbreak spreading across the globe, there is a shortage of critical medical supplies such as ventilators, test kits, and personal protective equipment (PPE). Component part manufacturers and raw material suppliers have scaled up production to help medical device and pharmaceutical manufacturers eliminate critical shortages. Components and raw materials are also being supplied to non-medical companies like General Motors, Tesla, and Dyson, who have repurposed their factories to make unfamiliar products like ventilators and face shields. To head off the inevitable wave of…
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Liability Immunity Now Extended to Manufacturers of Any NIOSH-Approved Respirator Used as a COVID-19 Countermeasure, Including Those Not Intended for Medical Applications

As the COVID-19 pandemic stresses the U.S. health care system, personal protective equipment such as personal respirators are in desperately short supply. Healthcare providers are repurposing respirators originally designed for non-medical use to combat the COVID-19 pandemic. This practice raises the question as to whether manufacturers of non-medical respirators qualify for liability immunity under the Public Readiness and Emergency Preparedness Act (PREPA). We previously wrote about PREPA and the March 17, 2020 declaration by the Secretary of Health and Human Services providing liability immunity to…
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