liability – Page 3 – Coronavirus (COVID-19)

May 1, 2020 by Duane Morris

Possible Liability Protections for Businesses Set to Reopen During the COVID-19 Pandemic

With the Senate set to return from recess on Monday, liability protections related to the COVID-19 pandemic are anticipated to be a hot button issue. While state and local governments are seeking financial aid from the federal government to assist in their battle against the COVID-19 pandemic, relief packages may also include protection from future legal actions against businesses.

To read the full text of this post by Duane Morris attorney Sharon O’Reilly, please visit the Duane Morris Products Liability Blog.

April 24, 2020August 31, 2020 by Duane Morris

Department of Health & Human Services Clarifies Broad Scope of Immunity Protection Under the PREP Act

The Department of Health & Human Services (HHS) has provided an omnibus advisory opinion in response to various requests for clarification of the scope of tort immunity provided by the declaration under the Public Readiness and Emergency Preparedness Act (PREP Act). The PREP Act declaration provides immunity from tort liability for various persons, products and activities in response to COVID-19, as explained in our March 17, 2020, Alert. The Coronavirus Aid, Relief and Economic Security Act (CARES Act) subsequently expanded these protections.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 24, 2020 by Duane Morris

Steps For Mitigating Litigation Risk Related to Coronavirus

When the current crisis has passed, businesses will reopen and people will leave the relative safety of home isolation. Some will get sick, and tragically some will die. The question is not whether there will be litigation, it is what will the ground rules be? So, imagine that you’re a Defendant on this imaginary docket, and ask yourself this, what are my possible defences?

To read the full post by Duane Morris partners Sharon Caffrey and Alex Geisler, please visit the Duane Morris London Blog.

April 20, 2020August 31, 2020 by Duane Morris

Taking Depositions During COVID-19 Emergency

With 95% of the country presently subject to stay-at home orders due to COVID-19, many litigators are considering whether and how to take depositions in the coming weeks. Federal court responses have varied, from blanket extensions of civil deadlines to encouraging remote depositions. Whether it is advisable or even permissible to depose a witness under current circumstances will depend on several factors, including the jurisdiction, the deponent, and the anticipated substance of the deposition.

To read the full text of this post by Duane Morris attorney Danielle Bagwell, please visit the Duane Morris Products Liability Blog.

April 16, 2020August 31, 2020 by Duane Morris

Nursing Homes in Florida Ask Governor for Liability Immunity Protection From COVID-19 Lawsuits

In an April 3, 2020 letter, Florida’s largest advocacy group for long-term care providers, Florida Health Care Association, asked Florida Governor Ron DeSantis to extend sovereign immunity to heath care providers and health care facilities engaged in and responding to the COVID-19 outbreak. The letter requests liability immunity (both criminal and civil) for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services in accordance with COVID-19’s emergency rule and state directives. Additionally, the letter requests immunity for the health care facility or health care professional if they are arranging for, or providing health care services, in good faith.

To read the full text of this post by Duane Morris attorney Brittany Wakim, please visit the Duane Morris Products Liability Blog.

April 13, 2020September 2, 2020 by Duane Morris

CARES Act Expands Immunity Protections for Covered Countermeasures and Healthcare Volunteers

As discussed in our March 18 Alert, the Secretary of Health and Human Services has issued a declaration authorizing drugs, devices and biologics used to treat or mitigate COVID-19 as covered countermeasures under the Public Readiness and Emergency Preparedness (PREP) Act. Following Secretary Azar’s declaration of a public health emergency, covered persons may obtain immunity under federal law for all claims arising from manufacturing, distributing or administering covered countermeasures, subject to the conditions laid out at 42 U.S.C. § 247d-6d, the declaration and other applicable regulations.

Subsequent to our previous Alert, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act), which expanded the covered countermeasure protections offered by the PREP Act.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 13, 2020August 31, 2020 by Duane Morris

Webinar: How COVID-19 Is Affecting Life Sciences and Medical Technologies

Duane Morris will be hosting the webinar, “How COVID-19 Is Affecting Life Sciences and Medical Technologies,” on April 16, 2020, from 1:00 p.m. to 2:00 p.m. (Eastern).

Join Duane Morris attorneys for a discussion on how the life sciences and medical technologies industry is responding and adapting to the COVID-19 pandemic, including:

FDA’s Emergency Use Authorizations (EUAs) for devices and diagnostics testing policies
Public Readiness and Emergency Preparedness Act (PREP Act) immunity from liability
Implications on intellectual property, such as patent strategy, in biotechnology and pharmaceuticals
License and collaboration agreements in the wake of COVID-19

For more information and to register, please visit the firm website.

April 8, 2020August 31, 2020 by Duane Morris

Crisis Standards of Care Guidelines to Address the COVID-19 Pandemic

Since March 13, 2020, when President Trump declared a national state of emergency due to the COVID-19 crisis, we have been in a healthcare crisis. The United States’ response to the COVID-19 pandemic has been plagued by increasing shortages of personal protective equipment (PPE), supplies, beds and physicians necessary to care for COVID-19 patients. In addition, drastic patient surges, limited numbers of life-saving ventilators and healthcare providers who have been working tirelessly for weeks in a constant state of emergency all contribute to an extremely strained health system. Not only do more and more patients need care each day, healthcare providers must work quickly to diagnose, triage and treat patients, as well as make difficult decisions on how ventilators are assigned and reassigned. And we have yet to hit the anticipated spikes in COVID-19 cases.

Accordingly, states have either implemented or developed Crisis Standards of Care (CSC). A CSC is triggered when healthcare systems are so overwhelmed by a pervasive or catastrophic public health event, such as COVID-19, that it is impossible for them to provide the normal, or standard, level of care to patients. Instead of meeting the standard of care to avoid liability, providers must now meet the crisis standards of care as set-forth on a statewide basis or adapted by individual facilities.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 7, 2020August 31, 2020 by Duane Morris

COVID-19: Bond Buybacks and Liability Management in Asia

As the COVID-19 pandemic continues to take its economic toll, many companies with outstanding bonds worry that they will not have enough cash on hand to repay their bonds on their stated maturity date, or that their bond covenants are, or may soon become, under pressure. These companies may benefit from amending their bonds to defer payment, achieve greater covenant flexibility or make other advantageous changes. For other companies, the decline in the bond markets presents an opportunity to repurchase their bonds at a significant discount.

“Liability management” is an umbrella phrase for a variety of techniques that companies can use to manage their outstanding bonds. These include redemption, open market repurchases, tender offers, exchange offers and consent solicitations. This Alert provides an overview of key legal considerations applicable to liability management transactions.

To read the full text of this post, please visit the Duane Morris and Selvam COVID-19 Resource Blog.

April 7, 2020September 4, 2020 by Duane Morris

How COVID-19 Could Shake Up Patent Strategies

The coronavirus pandemic may spur new thinking about patent issues, as owners of relevant patents face the risk of backlash for asserting them, and companies developing equipment or treatments consider ways to limit potential liability. […]

There has already been public outcry over patents related to COVID-19, and such responses will likely grow in intensity if an effective treatment is seen as being hindered by patents. So companies may have to think about using their patents differently than they normally would, attorneys say. […]

“Most companies are thinking differently right now than they were six months ago,” Patrick Gallagher of Duane Morris LLP said. “I would think there would definitely be hesitancy around pursuing [an infringement case] right now.” […]

To read more of Mr. Gallagher’s comments and for a link to the full article, please visit the firm website.