Lawsuit Alleges COVID Patient ‘Died From the Cure and Not From the Disease’ After Receiving Contaminated Remdesivir

Key Points

• A Michigan judge has ruled that a lawsuit against Gilead Sciences, the maker of remdesivir (Veklury), can proceed despite Gilead's claim of PREP Act protection.
• The lawsuit stems from a man's use of contaminated remdesivir at St. Joseph Mercy Chelsea Hospital, leading to health problems and his eventual death.
• The recalled batch of remdesivir was contaminated with glass particles, with Gilead acknowledging the potential for serious health issues.
•  The court's decision challenges the PREP Act's immunity provision and allows the case to move forward, possibly holding Gilead accountable for negligence.
• The judge noted that the contamination compromised the drug's status as a covered countermeasure under the PREP Act.
• This ruling could have implications for addressing claims involving other countermeasures covered by the PREP Act, though its impact on mRNA vaccine cases is uncertain.

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