In conjunction with EUA (Emergency Use Authorization), the PREP Act is the legislation that enabled – and continues to perpetuate – the rollout and administration of mRNA “countermeasures” against Covid-19.
In this article I will discuss what the PREP Act says, how it was passed, what prominent politicians and legal experts said about it at the time, how it is related to COVID, and why I support efforts (1) calling for the HHS Secretary to immediately repeal the PREP Act emergency declaration for COVID, and (2) calling on legislators to repeal the law entirely.
WHAT THE PREP ACT SAYS
The PREP Act is a long and convoluted piece of legislation. You can read the entire thing here:
This is a summary of the main sections of the law:
(a) Liability Protections
- Anyone defined as a “covered person” is immune from legal liability related to the use or administration of anything defined as a “covered countermeasure.”
A “covered person” includes (A) “the United States” or (B) any person or “entity” that manufactures, distributes, plans a program for, prescribes, administers, or dispenses a covered countermeasure, or an official, agent or employee of any of the above.
A “covered countermeasure” includes any drug, biological product or device that is authorized under Emergency Use Authorization or approved through any other legal pathway.
- Scope of claims for loss:
- The immunity applies to any claim related to death, actual or fear of physical, mental or emotional injury, illness, disability, or condition; and loss of or damage to property, including business interruption loss.
- The immunity applies to any causal relation to any of the above types of loss related to the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of a covered countermeasure.
- The immunity applies only if a countermeasure was applied or used during the effective period of the emergency declaration for that countermeasure, and was used for the disease, population and geographic area specified in the declaration.
- For manufacturers or distributors, the immunity applies to any population in any geographic area, without regard to the population or area specified in the emergency declaration for the countermeasure.
Hellbound and Down 