Son Tells 5th Circuit PREP Act Doesn’t Apply To COVID-19 Negligence Suit

Mealey's (October 14, 2021, 1:51 PM EDT) -- NEW ORLEANS — Calling his suit “nothing more than a standard health care liability claim between non-diverse parties,” the son of a nursing home resident who died after contracting  COVID-19 at the facility on Oct. 7 urged the Fifth Circuit U.S. Court of Appeals to reject its owners’ and operators’ argument that his negligence suit is preempted by the Public Readiness and Emergency Preparedness (PREP) Act and affirm a lower court order remanding it to Texas state court....