Parker v. St. Lawrence County Public Health Department
102 A.D.3d 140, 954 N.Y.S.2d 259 (2012)
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Rule of Law:
The Public Readiness and Emergency Preparedness (PREP) Act expressly preempts state-law tort claims, including those for negligence and battery based on lack of consent, that arise from the administration of a covered countermeasure by a qualified person during a declared public health emergency. The sole exception to this broad immunity is a federal cause of action for willful misconduct causing death or serious physical injury.
Facts:
- In 2009, in response to an H1N1 influenza virus outbreak, the U.S. Secretary of Health and Human Services declared a public health emergency.
- The Secretary's declarations recommended the administration of the influenza antiviral vaccination Peramivir.
- In response, the St. Lawrence County Public Health Department held a vaccination clinic at Lisbon Central School on December 3, 2009.
- A mother, the plaintiff, did not execute a parental consent form authorizing the inoculation of her daughter, who was a kindergartner.
- Despite the lack of consent, a nurse employed by the St. Lawrence County Public Health Department administered the H1N1 vaccination to the child.
Procedural Posture:
- The plaintiff commenced an action in New York Supreme Court (a state trial court) against the St. Lawrence County Public Health Department for negligence and battery.
- The defendant, St. Lawrence County Public Health Department, moved to dismiss the complaint for lack of subject matter jurisdiction, arguing it was preempted by the federal PREP Act.
- The trial court denied the defendant's motion to dismiss.
- The defendant, as appellant, appealed the trial court's denial to the Appellate Division of the Supreme Court of New York (an intermediate appellate court).
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Issue:
Does the federal Public Readiness and Emergency Preparedness (PREP) Act preempt state law claims for negligence and battery arising from the administration of a covered vaccine without parental consent during a declared public health emergency?
Opinions:
Majority - Peters, P.J.
Yes, the PREP Act preempts the plaintiff's state law claims. The Act's express preemption clause and broad immunity provisions demonstrate Congress's clear intent to displace all state law tort claims related to the administration of covered countermeasures during a declared emergency. The statute provides that a 'covered person' shall be immune from suit and liability under Federal and State law for all claims of loss arising from the administration of a covered countermeasure. The court reasoned that this sweeping language, which defines 'loss' broadly and applies to 'any claim,' necessarily includes claims based on a failure to obtain consent. The existence of exclusive federal remedies—the Countermeasures Injury Compensation Program and a specific federal cause of action for willful misconduct—further reinforces the conclusion that Congress intended to preempt the field and channel all related claims into a federal framework. The court must presume Congress understood that errors would occur in a mass vaccination program and determined that potential state tort liability must yield to the need for a prompt and efficient response to a public health crisis.
Analysis:
This decision solidifies the sweeping immunity granted by the PREP Act, confirming its power to displace fundamental state common-law principles like informed consent. It establishes that the federal interest in a rapid, uniform response to public health crises outweighs an individual's right to seek damages in state court for non-willful harm. This precedent significantly limits the liability of healthcare providers and government agencies involved in federally-directed emergency programs, effectively channeling almost all injury claims into a specific federal compensation system and away from state courts.
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