The Public Readiness and Emergency Preparedness Act doesn’t bar the family of a patient who died of Covid-19 in 2020 from proceeding with a wrongful death claim under Louisiana law against a long-term acute care hospital, a federal court said.
Intensive Specialty Hospital LLC failed to convince the US District Court for the Western District of Louisiana to dismiss the suit based on arguments that the PREP Act completely preempts state-law causes of action and provides the facility with immunity from suit.
Most cases involving the PREP Act to date have presented the question of whether suits against nursing homes ...
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