The Secretary of HHS (Dept. of Health and Human Services) recently declared that health care providers, and those companies that make or distribute drugs and medical devices to combat COVID-19, will be immune from liability if their conduct results in harm or death.

Intuitively, in these times, we are all very sympathetic to those health care providers on the front lines of this pandemic. It is analogous to Good Samaritan laws, which shield people who act in an emergency to provide aid to someone, and in so doing inadvertently make things worse. We as a society want to encourage people to try and help someone in need, after all. Protecting health care providers in this way makes sense.

As for companies that are making drugs (including vaccines) and medical devices to combat the spread of COVID-19, presumably this means no liability for things like using a vaccine that has not yet been approved by the FDA, or using a drug in an off-label manner. Again, as a general concept, this makes sense. However, it is quite possible this immunity will be used in an improper manner, particularly when defending a corporation that unnecessarily risks the safety of Americans sickened with COVID-19 for the purpose of profiting from the pandemic.

Am I wrong and cynical to consider this? Perhaps. Only the future knows.

You can read the actual Declaration here: Determination of Public Health Emergency