PREP Act Shields Gilead from Liability for Allegedly Contaminated COVID-19 Drug

LANSING, Mich. — The Public Readiness and Preparedness (PREP) Act shields Gilead Sciences Inc. from liability for injuries caused by its allegedly contaminated COVID-19 drug remdesivir because the company was not accused of “willful misconduct,” the Michigan Court of Appeals has ruled.

In an April 8 opinion, the appellate court explained that “willful misconduct” is the only exception to the PREP Act’s grant of immunity.

DN, a legally incapacitated individual, was hospitalized at St. Joseph Hospital and treated for COVID-19 in 2021, and allegedly received two contaminated doses of the FDA-approved anti-viral drug remdesivir. After receiving the injection, DN, who …