Elusive Immunity - Litigating the PREP Act in the Post-COVID World

Event Description

Online registration is closed. If you would like to join or have questions, please email Geen at gmui@mnbars.org.

Hosted and presented by the MSBA Food Drug & Device Law Section.

Please note this is the Annual Program with the 2021-2022 Section elections. The timeframe is from 12 Noon to 1:15 PM with the elections taking place prior to the featured CLE presentation. Currently, all bar association programming is REMOTE-ONLY participation.  

Live Webinar:

Life sciences and healthcare delivered life-saving drugs, vaccines, devices, and other tools to treat COVID, slow the spread, and end the pandemic.  The federal Public Readiness and Emergency Preparedness Act, or PREP Act, grants broad immunity and other protections from lawsuits to these persons and organizations engaged in the development, manufacture, and administration of COVID-fighting products.  Both administrations leveraged PREP Act protections in order to drive action and innovation to address the pandemic.
Active litigation has ensued over the scope of immunity under the PREP Act, primarily in the context of tort actions against nursing and assisted living facilities.  Courts, faced with scant pre-COVID precedent, have developed a body of case law over the past year that tends to define PREP Act protections surprisingly narrowly.  With the coming wave of post-COVID litigation, a broad array of defendants will face a higher bar than expected to secure PREP Act protections. 
In this presentation, we will offer a primer on PREP; analyze the disconnect between the statute’s language and courts’ interpretation; and predict the direction of PREP Act litigation post-pandemic.


Allison Lange Garrison, Senior Associate Attorney | Norton Rose Fulbright LLP 

CLE Credits:

1.0 Standard CLE Credit | Event code: 383541                

Remote Participation: 

Webcast and/or phone participation is available. Attendees will have the option to view online and/or dial-in. Please indicate your remote option for dial-in when registering.  Instructions will be sent via e-mail a day prior to the program.


Food Drug & Device Law Section Members: $0.00
MSBA Members NOT in the Section: $10.00
Non-MSBA Members: $20.00
Law Students: Free

Deadline to Register: June 20, 2021

Join the Food Drug & Device Law Section: MSBA members who are not members of the Section can join and attend this CLE for FREE.  Click here to add the section to your membership and then contact the program manager to register for this CLE at no cost.


Due to the pandemic, accounting staff have limited access to the office making the processing of checks difficult. We request that you register online or over the phone by credit card whenever possible. If you need assistance, please contact the program manager. If you must pay by check, please use this registration form.


Need to cancel? Please see our cancellation policy.


The MSBA is committed to creating an inclusive environment in which all members can participate fully. If you need reasonable accommodations to participate in this event, please notify the program manager.  Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations. Thank you.

Program Manager:

Geen Mui | gmui@mnbars.org

Register for this Event

This meeting has already occurred.

Pre-Registration is Closed

Tuesday, June 22, 2021

12:00 PM to 1:15 PM