Assisted Living Facility To 11th Circuit: PREP Act Preempts COVID Death Case

Mealey's (November 12, 2021, 1:13 PM EST) -- ATLANTA — A family’s COVID-19-related wrongful death suit against the owners and operators of an assisted living facility is completely preempted by the Public Readiness and Emergency Preparedness (PREP) Act because the family alleges willful misconduct, the owners and operators of the facility say in a Nov. 9 reply brief urging the 11th Circuit U.S. Court of Appeals to reverse a lower court’s order remanding the suit to a Florida state court....