PREP Act Immunity Pierced by MN Court of Appeals in Precedential Opinion

A defendant is not entitled to PREP Act immunity when using a covered countermeasure to treat a misdiagnosed medical condition

COVID-19 litigation victory in the MN Court of Appeals!

SYLLABUS OF THE COURT:
When a plaintiff alleges a medical-negligence claim based upon a misdiagnosis, a defendant covered under the Public Readiness and Emergency Preparedness Act, 42 U.S.C. § 247d-6d (2018) (PREP Act), is not entitled to immunity because they used a treatment that is a covered countermeasure to treat the misdiagnosed medical condition.

Read the 5-5-2025 MN Court of Appeals Published PREP Act opinion at this link:

Roos v. Health Partners, Inc., A24-1339

Covid Justice MN is a 501C3 non-profit helping to fund Minnesota medical malpractice wrongful death cases brought by Andy Barnhart of Barnhart Law Office, PLLC.

Many folks have asked me how they can donate to Covid Justice MN. We could use your help to raise charitable funds to support the legal action taken on behalf of families who lost loves ones in Minnesota hospitals due to medical negligence during the height of COVID-19. If you can support our cause, here is a link to the donation page of the website. Covid Justice MN - Donate