In a groundbreaking decision, a Michigan judge ruled on Aug. 8 that a drug manufacturer and hospital are not protected by the Public Readiness and Emergency Preparedness (PREP) Act in the case of a man who experienced two strokes and a leg amputation after receiving the COVID-19 medication remdesivir that was contaminated with glass particles.
This is the first time a judge has ruled a drug manufacturer and hospital are not protected under the PREP Act, which provides immunity from lawsuits and liability protections under state and federal law concerning all claims for loss resulting from the administration of the covered countermeasure, except in the case of willful misconduct. Although the ruling is not a binding precedent, this case sets the tone for future lawsuits against the company for injuries potentially incurred by those given the drug.
