COVID-19 Negligence Case Against Short-Term Rehab Center Not Preempted By PREP Act

Mealey's (April 14, 2021, 7:16 AM EDT) -- COLUMBIA, S.C. — Of all the arguments a woman makes in seeking remand to state court of her claims that a short-term rehabilitation center and its CEO were negligent for failing to implement safety protocols in the wake of the coronavirus pandemic and that those failures contributed to her mother’s death, “one is dispositive,” a federal judge in South Carolina ruled March 29, finding that the defendants “are mistaken in their assertion” that her causes of action are completely preempted by the Public Readiness and Emergency Preparedness (PREP) Act....