PREP Act Immunity Does Not Preempt Most State Law Tort Claims Against Nursing Homes and Other Senior Living Facilities

[Editor's note: Hope S. Friewald is a partner in Dechert LLP's Philadelphia office, whose practice includes a broad range of product liability, toxic tort, commercial, and consumer class action cases. Monica I. Gorny is an associate at the firm's New York office, where she practices in a wide variety of litigation areas with a particular focus on pharmaceutical product liability and mass tort matters. Copyright 2020, Hope S. Friewald and Monica I. Gorny.]

In our May 1, 2020 OnPoint discussing COVID-19 liability issues for nursing homes and other senior living facilities, we cautioned against reliance on state immunity …