<html> <body> <h1 style="color:white; font-family:lato; font-size:65px; text-shadow: 1.25px 1.25px #000000"><b>Georgia State University College of Law<br> Faculty Scholarship Showcase</b></h1>
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The PREP Act and the Countermeasures Injury Compensation: Past, Present, and Future
Allison M. Whelan
Georgia State University College of Law
The terrorist attacks of September 11, 2001, ushered in an era of legislative reform to bolster the United States' ability to prepare for and respond to public health emergencies, including pandemics ..
The terrorist attacks of September 11, 2001, ushered in an era of legislative reform to bolster the United States' ability to prepare for and respond to public health emergencies, including pandemics and acts of *690 bioterrorism. As part of its post-9/11 response, Congress enacted broad liability protections for, among others, manufacturers of medical countermeasures, along with a corresponding no-fault compensation program for individuals injured by such countermeasures. During public health emergencies like the COVID-19 pandemic, these liability protections play a critical role in encouraging the development and use of medical countermeasures. The no-fault compensation program, however, leaves much to be desired by individuals harmed by countermeasures. The COVID-19 pandemic provides an opportune time to take a fresh look at the compensation program and to consider needed reforms. After describing the liability protections and the corresponding compensation program, this Article unpacks the compensation program's deficiencies and proposes reforms that recognize that liability protections must go hand-in-hand with a robust no-fault injury compensation program.