Court Granted Immunity to Physician in Wrongful Death Case
A federal appellate court ruled that the PREP Act shields a doctor from liability for a patient's fatal drug reaction.
Updated on Oct. 7, 2026 in COVID-19
In September 2026, the U.S. Court of Appeals for the 2nd Circuit ruled in favor of Dr. Pierre Kory, granting him immunity in a wrongful death lawsuit. The court acknowledged a causal link between the physician's prescription of prednisone and the 2022 death of his patient, Edward James Waters.
Why it matters
The ruling hinges on the Public Readiness and Emergency Preparedness (PREP) Act, which provides legal liability shields to health professionals for administering covered countermeasures during public health emergencies. This decision clarifies how federal law protects clinicians when specific treatments lead to fatal outcomes.
A 3-judge panel of the U.S. Court of Appeals for the 2nd Circuit determined that the prescribed medication qualified as a covered countermeasure under the 2005 PREP Act. While the court explicitly found that the prednisone caused the patient's fatal ruptured ulcer, the immunity provision remains the dispositive factor in the case.
The players
Pierre Kory
A physician who has been stripped of his board certifications following allegations of spreading medical misinformation.
Edward James Waters
A patient who died from multiple organ failure after receiving medical care through a telehealth service.
The details
The court applied the PREP Act immunity provision after concluding that the drugs administered by Dr. Pierre Kory to Edward James Waters met the criteria for covered countermeasures during an emergency. This act, established in 2005, limits the legal avenues for recovery in cases where a practitioner's actions are deemed protected under federal emergency guidelines. Even though the court established that the prednisone prescription led to the multiple organ failure that killed Waters, the federal shield superseded the wrongful death claims.
Timeline
The PREP Act was originally passed by Congress in 2005.
The patient, Edward James Waters, contacted Dr. Pierre Kory for telehealth services in November 2021.
Edward James Waters died from multiple organ failure in 2022.
The 2nd Circuit Court of Appeals issued its ruling in September 2026.
Health Landscape
The ruling underscores the significant legal protection afforded by the Public Readiness and Emergency Preparedness (PREP) Act, which was designed to encourage the rapid administration of medical countermeasures. It clarifies the extent to which federal emergency policy can override traditional medical malpractice standards during health crises.
This case highlights the importance of understanding the legal landscape when seeking telehealth services, particularly regarding the accountability of practitioners. It is a critical reminder to discuss the specific credentials and board status of any physician with whom you consult via telehealth.
The takeaway
The federal immunity granted to physicians under the PREP Act can significantly alter the outcome of legal challenges regarding medical errors in emergency contexts. Always verify the board certification status of any provider before beginning a new telehealth treatment plan.
Further reading
For context on the legal frameworks governing pandemic-era medical practices, see the COVID-19 section.
Source note: This article includes information reported by Genetic Literacy Project.
