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HHS Amends Tort Immunity Declaration Under the PREP Act to Clarify that Immunity Extends to Products that “Limit the Harm” COVID-19 “Might Otherwise Cause”

June 16, 2020

As we previously reported, on March 10, 2020, the Secretary of Health and Human Services, acting under the authority provided by the Public Readiness and Emergency Preparedness Act of 2005 (PREP Act), issued a Declaration providing liability immunity to certain entities and individuals against claims of loss arising from their designing, manufacturing and/or distributing of certain countermeasures to aid in the fight against COVID-19, which was published in the Federal Register on March 17, 2020. On June 8, 2020, the Secretary issued an Amendment to its prior Declaration to “clarify that covered countermeasures include qualified products that limit the harm of COVID-19 might otherwise cause.” The full text of the June 8, 2020 amendment is available here.

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