Tenth Circuit Reverses, Gives AstraZeneca PREP Act Immunity in First-Impression Ruling
The Tenth Circuit issued a precedential reversal shielding AstraZeneca from liability under the PREP Act in a question of first impression, narrowing exposure for pandemic-era product defendants.
In a precedential opinion, the U.S. Court of Appeals for the Tenth Circuit reversed a district court and ruled for AstraZeneca in a case presenting a question of first impression about the scope of immunity under the Public Readiness and Emergency Preparedness (PREP) Act. The PREP Act, enacted to encourage the development and deployment of countermeasures during public health emergencies, provides broad immunity from suit for covered entities, with limited exceptions. The district court had declined to extend that protection to AstraZeneca in the underlying dispute; the Tenth Circuit reversed, reaffirming the statute's expansive reach. Sophisticated counsel should care because the decision signals that federal appellate courts are willing to construe PREP Act immunity broadly, reducing tort exposure for manufacturers of COVID-19-era vaccines, treatments, and diagnostics. Watch for plaintiffs to seek rehearing en banc, for other circuits to weigh in, and for downstream effects on pending PREP Act litigation across the pharmaceutical and life sciences industry.