D.C. Circuit Tosses COVID Death Suits Under PREP Act For Lack Of Jurisdiction

Mealey's (August 17, 2022, 8:49 AM EDT) -- WASHINGTON, D.C. — The District of Columbia U.S. Court of Appeals on Aug. 5 dismissed two separate nursing homes’ interlocutory appeals of lower court orders denying their motions to dismiss wrongful death suits filed on behalf of residents who died at the nursing homes from COVID-19, finding that the appellate court lacks jurisdiction under the Public Readiness and Emergency Preparedness (PREP) Act because interlocutory appeals granted under the act are authorized only under the “willful misconduct exception to PREP Act immunity.”...