Authors

Makenna Maddox

Document Type

Case Summary

Publication Date

10-3-2024

Case Synopsis

Healthcare facilities are not granted immunity under the Public Readiness and Emergency Preparedness Act (PREP Act) or Nevada’s Emergency Directive 011 (Directive 011) for a lack or failure to mitigate the spread of COVID-19. To be granted immunity from liability under the PREP Act, the complaint must allege a covered countermeasure or a prioritization of another method over a covered countermeasure. A general lack of action will not suffice. Under Directive 011, the drafters’ intentionally chose to exclude healthcare facilities from the language, thus affirming that healthcare facilities are not immune from liability.

Share

COinS