While Dressen can’t sue over the injuries, she can over the breach of contract because the legal immunity granted by the law does not cover at least some contractual claims, Shelby said.
“The basis of Dressen’s claim is a broken promise, not a countermeasure,” he said, adding later: “Dressen was administered a covered countermeasure, and she was warned that she may suffer from an adverse reaction, but the fact that she suffered from such reaction was not sufficient to ripen her claim. Rather, she only has a claim because AstraZeneca made a contractual promise to her that happened to involve the effects of a covered countermeasure.”
AstraZeneca put forth a theory in legal filings that immunity