Citing ‘Growing Consensus,’ Judge Says PREP Act Doesn’t Preempt Nursing Home Claims

Mealey's (April 7, 2021, 12:16 PM EDT) -- FORT WORTH, Texas — A federal judge on April 5 remanded a COVID-19-related negligence suit against the owners and operators of a nursing home to Texas state court, joining “the growing consensus” finding that the Public Readiness and Emergency Preparedness (PREP) Act does not provide “‘the exclusive cause of action’” for state law claims against nursing homes arising from injuries caused by COVID-19 and dismissing the defendants’ reliance on a single case holding to the contrary, calling it “an outlier and not persuasive.”...