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Coronavirus Countermeasures: Updates and Experimental Treatments
May 13, 2020
The federal response to COVID-19 changes on a near daily basis, as we are continually learning more about the virus as the pandemic progresses. In March, the Secretary of Health and Human Services issued a Declaration under the Public Readiness and Emergency Preparedness Act for certain medical products to be used against COVID-19. A significant update includes more clarification on the Countermeasures Program in which the type and number of approved countermeasures is clarified and expanded. For full details, you can read the full advisory alert from HHS.
The take away, in short, is this: Individuals injured by treatments for COVID-19 may be eligible for protection and recoupment of medical bills, lost wages, or other damages if the injury was the result of treatment for COVID-19 using a “qualified pandemic or epidemic product.” This includes any FDA-approved drug, device, or biological product used to diagnose, treat, or prevent COVID-19. The definition was expanded to include certain respiratory devices such as ventilators.
The most current updates include damages for injuries related to the use of items like experimental medications or PPE, to name just two. Again, the countermeasure must be used for COVID-19 only, and must be:
- Approved, licensed, or cleared by the FDA
- Authorized under an Experimental Use Authorization (EUA)
- Described in an Emergency Use Instruction (EUI), or used under either an Investigational New Drug (IND) application or an Investigational Device Exemption (IDE)
If you have questions about COVID-19 and any associated injuries from treatment or testing, please contact our team of vaccination injury attorneys at (844)542-8954
or email us at vaccinationgroup@blackmclaw.com.
Published By
Chris Webb
Shareholder at Black McLaren Jones Ryland & Griffee, P.C.
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