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Parker v. St. Lawrence County Public Health Department

954 N.Y.S.2d 259 (2012)

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Parker v. St. Lawrence County Public Health Department

New York Supreme Court, Appellate Division
954 N.Y.S.2d 259 (2012)

  • Written by Rose VanHofwegen, JD

Facts

In response to the 2009 outbreak of H1N1 influenza, the governor of New York declared an emergency under the federal Public Readiness and Emergency Preparedness Act (PREP Act), which authorized state and local health departments to conduct immunization clinics to administer antiviral vaccinations. A nurse employed by the St. Lawrence County Public Health Department (defendant) inoculated Jennifer Parker’s (plaintiff’s) kindergarten-aged daughter without a signed parental-consent form. Parker sued for negligence and battery. The Department moved to dismiss based on federal preemption, arguing that the state court had no subject matter jurisdiction to hear the case. The trial court refused to dismiss, and the Department appealed.

Rule of Law

Issue

Holding and Reasoning (Peters, J.)

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