Delaware Federal Judge Denies Dismissal Of COVID Death Suit, Says No PREP Act Bar

Mealey's ( February 15, 2023, 11:38 AM EST) -- WILMINGTON, Del. — A Delaware federal judge denied a nursing home’s dismissal motion in a wrongful death and negligence suit against it filed by the family of a former resident who died after contracting COVID-19 there, finding that because the family’s claims do not relate to using a “covered countermeasure,” such as masks or vaccinations, their claims are not barred under the  Public Readiness and Emergency Preparedness (PREP) Act....

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