Parker v. St. Lawrence County Public Health Department
Supreme Court of New York, Appellate Division
954 N.Y.S.2d 259 (2012)
Relevant factsFree
During the 2009 H1N1 emergency declared under the PREP Act, a county health department nurse vaccinated a kindergartner without obtaining a signed parental consent form, and the child's mother sued for negligence and battery, while the department argued the PREP Act's immunity provisions preempted the state-court claims entirely.
IssueFree
Whether federal law that provides governmental immunity preempts state-law tort claims.
Related cases
Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt691 S.E.2d 218 (2010)Obsidian Finance Group, LLC v. Cox740 F.3d 1284 (2014)Mercier v. Inter-Tel (Delaware), Inc.929 A.2d 786 (Del. Ch. 2007)Philip Morris U.S.A. v. Williams127 S. Ct. 1057 (2007)Clarke v. Oregon Health Sciences University175 P.3d 418 (Or. 2007)