U.S. Court in Washington Tosses COVID-19 Vaccine Injury Action Against Moderna Citing PREP Act
- September 27, 2024
The Public Readiness and Emergency Preparedness Act (PREP Act) bars negligence and breach of implied warranty claims against Moderna US Inc. by a woman who suffered a stroke shortly after receiving the company’s COVID-19 vaccine, a federal court in Washington held September 20.
The U.S. District Court for the Western District of Washington dismissed with prejudice plaintiffs Donna Noto Diaz and Wayne Diaz’s action against Moderna, finding the claims involved the use or administration of a “covered countermeasure”—i.e., the vaccine—and Moderna, as a vaccine manufacturer, was a “covered person” for purposes of PREP Act immunity.
Mrs. Diaz suffered a stroke several days after receiving the Moderna COVID-19 vaccine. The stroke led to an extended hospital stay and continuing difficulties, walking, sitting, and other problems. Plaintiffs sued Moderna for strict liability, negligence, and breach of implied warranty.
Moderna removed the action to federal court and moved to dismiss.
The court found every element of PREP Act immunity was satisfied. Namely, the federal government issued a declaration under the PREP Act for “Medical Countermeasures Against COVID-19” that included vaccines; Moderna was a covered person as a “manufacturer of a countermeasure”; the losses arising from Mrs. Diaz’s stroke allegedly were caused by the COVID-19 vaccine; and the vaccine Mrs. Diaz received was obtained through a federal contract, which was a covered means of distribution.
Diaz v. Moderna US Inc., No. C24-0986-KKE (W.D. Wash. Sept. 20, 2024).