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The Resource Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation

Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation

Contributor
Summary
Division C of P.L. 109-148 (2005), 42 U.S.C. 247d-6d, 247d-6e, also known as the Public Readiness and Emergency Preparedness Act (PREP Act), limits liability with respect to pandemic flu and other public health countermeasures. Specifically, upon a declaration by the Secretary of Health and Human Services of a public health emergency or the credible risk of such emergency, Division C would, with respect to a "covered countermeasure," eliminate liability, with one exception, for the United States, and for manufacturers, distributors, program planners, persons who prescribe, administer or dispense the countermeasure, and employees of any of the above. The exception to immunity from liability is that a defendant who engaged in willful misconduct would be subject to liability under a new federal cause of action, though not under state tort law, if death or serious injury results. Division C's limitation on liability is a more extensive restriction on victims' ability to recover than exists in most federal tort reform statutes. However, victims could, in lieu of suing, accept payment under a new "covered Countermeasure Process Fund," if Congress appropriates money for this fund. The first PREP Act declaration was issued on January 26, 2007, to limit liability for the administration of the H5N1 influenza vaccine. Since then, declarations have been issued covering countermeasures against other strains of influenza (including H1N1), anthrax, botulism, small pox, and acute radiation syndrdme
Language
eng
Work
Instance
Label
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
Title
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
Contributor
Subject
Language
eng
Summary
Division C of P.L. 109-148 (2005), 42 U.S.C. 247d-6d, 247d-6e, also known as the Public Readiness and Emergency Preparedness Act (PREP Act), limits liability with respect to pandemic flu and other public health countermeasures. Specifically, upon a declaration by the Secretary of Health and Human Services of a public health emergency or the credible risk of such emergency, Division C would, with respect to a "covered countermeasure," eliminate liability, with one exception, for the United States, and for manufacturers, distributors, program planners, persons who prescribe, administer or dispense the countermeasure, and employees of any of the above. The exception to immunity from liability is that a defendant who engaged in willful misconduct would be subject to liability under a new federal cause of action, though not under state tort law, if death or serious injury results. Division C's limitation on liability is a more extensive restriction on victims' ability to recover than exists in most federal tort reform statutes. However, victims could, in lieu of suing, accept payment under a new "covered Countermeasure Process Fund," if Congress appropriates money for this fund. The first PREP Act declaration was issued on January 26, 2007, to limit liability for the administration of the H5N1 influenza vaccine. Since then, declarations have been issued covering countermeasures against other strains of influenza (including H1N1), anthrax, botulism, small pox, and acute radiation syndrdme
Cataloging source
DTICE
Index
no index present
Literary form
non fiction
http://library.link/vocab/relatedWorkOrContributorName
  • Liu, Edward C
  • LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
http://library.link/vocab/subjectName
  • Countermeasures
  • Vaccines
  • Influenza virus
  • Sociology and law
  • Microbiology
  • Emergencies
  • Risk
  • Operational readiness
  • Humans
  • Casualties
  • Anthrax
  • Death
  • Immunity
  • Public health
  • Botulism
  • United states
  • Pox viruses
  • Radiation
  • Congress
Target audience
adult
Label
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
Instantiates
Publication
Note
Congressional research rept
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
23 x 29 cm
Extent
9 pages
Form of item
online
Governing access note
APPROVED FOR PUBLIC RELEASE
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
Hein Online
System control number
  • (OCoLC)713232317
  • (OCoLC)ocn713232317
Label
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
Publication
Note
Congressional research rept
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
23 x 29 cm
Extent
9 pages
Form of item
online
Governing access note
APPROVED FOR PUBLIC RELEASE
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
Hein Online
System control number
  • (OCoLC)713232317
  • (OCoLC)ocn713232317

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