How does Indemnification Provided under Public Law 85-804 Differ from Immunity Provided Under the PREP Act?
Indemnification under Public Law No. 85-804 is available to government contractors who conduct national defense functions. Essentially, when a contractor is indemnified, the Department agrees to pay judgments against the contractor for tort liability. The Secretary has determined that development of some countermeasures, such as smallpox and pandemic influenza, may be considered a national defense function. Thus, in some cases, the Secretary may issue a declaration under the PREP Act that covers countermeasures for which manufacturers are also indemnified as government contractors. In that case, immunity from liability would apply to claims covered by the PREP Act declaration, and indemnification would be available for some tort claims, other than claims involving willful misconduct, that are not covered by the PREP Act declaration. 15. How does Liability Protection Provided Under the Smallpox Emergency Personnel Protection Act Differ from Immunity Provided Under the PREP Act? Under se
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