Covid-19 Impact on Drug & Medical Device Litigation
Analyzing the Implications of Prep Act Immunity on Future Drug and Device Litigation and Assessing Potential Covid-19 Related MDLs
Senior Vice President, Head of Global Litigation
GSK (Philadelphia, PA)
Co-Chair of Class Action and Mass Torts
Morrison & Foerster LLP (San Diego, CA)
John P. Lavelle Jr.
Morgan Lewis & Bockius LLP (Philadelphia, PA)
- Examining the impact of Covid-19 on existing and future litigation
- PREP Act immunity: how is it being interpreted and applied in cases related to Covid-19 treatments, diagnostics, PPE, ventilators, vaccines, etc.?
- Interpreting what qualifies as “covered countermeasures”
- What are the key limitations/qualifications on immunity protection
- Will “off-label” uses qualify for immunity absent an express exemption?
- How should clients be counseled in the face of much grey area and uncertainty around this?
- What types of drug and device product liability claims stemming from Covid-19 are likely to turn into MDLs?
- Assessing whether the particular subject matter will be ripe for an MDL
- Identifying specific considerations for PPE product liability claims