Syracuse Personal Injury Law Blog
The COVID-19 pandemic touched most aspects of people’s lives, including in some cases, what courts have jurisdiction over claims against healthcare providers. Specifically, the Public Readiness and Emergency Preparedness Act (PREP Act) grants federal courts jurisdiction over certain matters related to the COVID-19 pandemic. As explained by a New York court in a recent medical malpractice case, though, the jurisdiction does not necessarily extend to medical malpractice cases. If you recently suffered harm due to negligent care offered while you had COVID-19, you may be owed damages, and you should meet with a Syracuse medical malpractice attorney to assess your claims.
The Facts of the Case
It is reported that the decedent presented to the emergency department of the defendant’s hospital in April 2020. He was admitted with acute respiratory failure and sepsis and was later diagnosed with COVID-19. He died at the hospital five weeks after his admission. The plaintiff filed a lawsuit against the defendant, asserting wrongful death, medical malpractice, and gross negligence claims. The defendant moved the case to federal court, arguing that the PREP Act pre-empted the plaintiff’s state law claims. The plaintiff then filed a motion to remand the matter back to state court, arguing that the federal court lacked subject matter jurisdiction over the case.
Federal Preemption Under the PREP Act
The federal complete pre-emption doctrine applies when a statute’s pre-emptive force is so compelling that it transforms an ordinary case arising out of state common law claims into a federal action for the purposes of the well-pleaded complaint rule. As such, a plaintiff cannot avoid federal subject matter jurisdiction by pleading claims as if they arise under state law in cases where their claims essentially arise out of federal law.
The defendant argued that the PREP Act, which provides that covered parties are immune from suit for claims arising out of covered countermeasures if a declaration has been issued with regard to the countermeasure, pre-empted the plaintiff’s state law claims. Here, the Secretary of Health and Human Services issued a declaration pursuant to the PREP Act related to the COVID-19 pandemic. The court explained, though, that as the PREP Act did not provide the sole cause of action for claims that fell within its scope, it was not a complete pre-emption statute. Thus, it found that the plaintiff’s claims were not pre-empted by the PREP Act and granted the plaintiff’s motion.
Speak to an Experienced Syracuse Medical Malpractice Lawyer
The PREP Act renders healthcare providers immune from liability for the performance of certain professional duties during the COVID-19 pandemic, but it does not mean that they cannot be held liable for medical malpractice. If you or a loved one suffered harm due to a doctor’s care, you should speak to an attorney to determine what compensation you may be able to recover. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your options for protecting your interests and help you seek the best legal outcome possible under the facts of your case. You can reach us through our online form or by calling us at 833-200-2000 to set up a conference.