AstraZeneca put forth a theory in legal filings that immunity from breach of contract claims helps encourage the quick development and deployment of countermeasures during health emergencies, which is the purpose of the PREP Act. Dressen’s lawyers argued enforcing contracts achieves the same result. The judge sided with the latter.
“If the PREP Act immunized deceptive contractual inducement and sanctioned illusory promises, then no one would agree to undertake the high-risk activities that are critical during public health emergency responses,” Shelby said. “The PREP Act drafters could not have intended to allow pharmaceutical companies to make illusory promises to clinical trial participants because doing so would erode public trust and undermine the ability to recruit willing participants, which in turn would erode and undermine pandemic preparedness.”