Court Granted Immunity to Physician Pierre Kory
The 2nd Circuit Court ruled the physician is protected under the PREP Act in a wrongful death lawsuit.
Updated on Oct. 7, 2026 in COVID-19
In September 2026, the U.S. Court of Appeals for the 2nd Circuit granted immunity to Dr. Pierre Kory regarding a wrongful death lawsuit. The court acknowledged a causal link between Kory’s prescription of prednisone and the 2022 death of his patient, Edward James Waters.
Why it matters
The ruling centered on the Public Readiness and Emergency Preparedness (PREP) Act, which provides liability protection to health professionals for covered countermeasures used during public health emergencies. This decision highlights the legal weight the act carries when protecting clinicians from litigation involving emergency-era treatments.
A three-judge panel of the 2nd Circuit Court applied the PREP Act, which was originally passed in 2005, to shield the physician from liability. The ruling officially recognized that the prescription of prednisone met the criteria for covered countermeasures.
The players
Pierre Kory
He is a physician who had his board certifications stripped due to the dissemination of medical misinformation.
Edward James Waters
He was a patient who died from multiple organ failure following a telehealth consultation.
U.S. Court of Appeals for the 2nd Circuit
This is a federal appellate court that provides legal rulings for cases originating in Connecticut, New York, and Vermont.
Children's Health Defense
This is an organization that previously requested Dr. Kory review medical records for two deceased unvaccinated girls in Texas.
The details
Edward James Waters sought telehealth services from Dr. Kory in November 2021 before eventually passing away in 2022 due to multiple organ failure following a ruptured ulcer. Although the court determined the treatment was a factor in the patient's death, Kory successfully invoked the PREP Act to secure a dismissal of the lawsuit.
Timeline
The PREP Act was passed in 2005.
Edward James Waters contacted Dr. Kory in November 2021.
Edward James Waters died in 2022.
The 2nd Circuit Court of Appeals issued the ruling in September 2026.
Health Landscape
The reliance on the PREP Act to provide broad liability immunity for medical professionals during emergency periods sets a significant precedent for malpractice litigation. This ruling underscores how federal emergency statutes can override state-level legal pathways in healthcare contexts.
This ruling clarifies the legal protections available to telehealth providers when prescribing emergency-related treatments. Patients and their families should be aware that these immunity protections can significantly alter the legal recourse available in medical malpractice cases.
The takeaway
This case highlights the enduring legal impact of emergency preparedness legislation on individual liability cases. Medical consumers should understand that federal acts passed during emergencies can limit the ability to pursue wrongful death claims against providers.
Further reading
For more information on the legal standards surrounding medical liability, visit the COVID-19 section.
Source note: This article includes information reported by Genetic Literacy Project.
