CMP Obtains Dismissal in COVID-Related Claim

Clark May Price partners Walter Price, Cannon Lawley, and associate Robin Blocksom obtained dismissal of a medical malpractice lawsuit stemming from the prescription and administration of the anti-viral medication Paxlovid.

The medical liability defense team defended a physician practice against claims that the Plaintiff suffered kidney damage after being prescribed Paxlovid to treat COVID-19. The dismissal motion was based upon preemption, exclusive remedy, and immunity provisions under the federal Public Readiness and Emergency Preparedness (“PREP”) Act. The PREP Act provides immunity to healthcare providers prescribing or administering covered countermeasures, in this case Paxlovid.

Walter Price has defended healthcare providers in professional negligence matters for over 30 years. He regularly represents hospitals, physicians, and other providers in state and federal courts across Alabama. He has also defended pharmaceutical and medical device manufacturers in product liability actions.

Cannon Lawley has extensive experience representing clients in a wide range of litigation and transaction matters. He chairs the firm’s appellate advocacy practice and, in this field, has been at the forefront of legal issues in medical malpractice cases in the trial and appellate arenas.

Robin Blocksom represents healthcare providers, employees, and insureds in a variety of critical legal matters. She has litigated civil defense matters across the State of Alabama.