Judge: Marcella O. Mclaughlin, Case: 37-2022-00052085-CU-MM-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2022-00052085-CU-MM-CTL DRAPEAU VS REGENTS OF THE UNIVERSITY OF CALIFORNIA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Judgment on the Pleadings, 12/12/2023

Defendant Baxter Healthcare Corporation's motion for judgment on the pleadings, joined by defendant The Regents of the University of California, is DENIED.

The Public Readiness and Emergency Preparedness ('PREP') Act provides immunity from federal and state law claims relating to the administration of certain medical countermeasures during a declared public health emergency. 42 U.S.C. § 247d-6d(a)(1). The immunity lies dormant until it is triggered by a declaration from the Secretary of Health and Human Services ('HHS'). 42 U.S.C. § 247d-6d(b). In March 2020, the HHS Secretary issued such a declaration 'to provide liability immunity for activities related to medical countermeasures against COVID-19.' (RJN Ex. 1 at p. 15198.) Here, plaintiff alleges that the decedent died after a Continuous Renal Replacement Therapy machine malfunctioned. There are no facts suggesting that that the decedent had COVID-19 or was receiving treatment for the disease. In fact, the complaint does not mention COVID-19 at all. Accordingly, the court is unable to conclude on this limited record that plaintiff's claims fall within the scope of the PREP Act as a matter of law.

Judicial notice is taken as requested. Evid. Code § 452(c).

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