AstraZeneca cites immunity under PREP Act to dismiss vaccine injury lawsuit

AstraZeneca is seeking to dismiss a lawsuit filed by Brianne Dressen, who alleges the company failed to fulfill its contract to cover medical expenses for injuries she sustained during a clinical trial for its COVID-19 vaccine.

The company argues that it is protected from liability under the Public Readiness and Emergency Preparedness (PREP) Act, which shields vaccine manufacturers from certain lawsuits.

Dressen, who founded React19, a nonprofit supporting vaccine injury victims, filed the breach of contract lawsuit in federal court in May.

She claims that after receiving the vaccine in November 2020, she suffered severe injuries, resulting in high medical costs.

Despite the trial’s consent form stating that participants would receive medical treatment if injured, AstraZeneca offered Dressen only $1,243.30 in compensation, leading her to take legal action.

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AstraZeneca contends that the PREP Act grants it immunity from Dressen’s claims, arguing that her case falls under the Act’s protections against liability for vaccine-related injuries.

The company also argues that Dressen’s lawsuit should be treated as a product liability claim rather than a breach of contract, which would make it subject to a two-year statute of limitations under Utah law.

In response, Dressen’s legal team argues that the PREP Act does not provide immunity for breach of contract claims and that

AstraZeneca explicitly waived its immunity by promising to cover medical expenses for research injuries. The case marks the first significant legal challenge to the PREP Act’s scope in the context of a breach of contract.

A hearing on AstraZeneca’s motion to dismiss is scheduled for October 29. The outcome could have broader implications for how vaccine manufacturers are held accountable for commitments made during clinical trials.