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

December 8, 2020 10:30am

Brennan Torregrossa
Senior Vice President, Head of Global Litigation
GSK (Philadelphia, PA)

Erin Bosman
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