Hudak v. Elmcroft of Sagamore Hills
Hudak v. Elmcroft of Sagamore Hills (U.S. Court of Appeals, 6th Cir., Jan. 23, 2023): The Sixth Circuit declined full Public Readiness and Emergency Preparedness (PREP) Act preemption, holding that claims against an Ohio assisted care facility must be tried in state, not federal, court. Hudak sued an assisted care facility where her father lived after he died of COVID-19, alleging wrongful death and other claims. The facility sought to remove the case to federal court, arguing that the claims “ar[o]se under” federal law (the PREP Act). The court reasoned that plaintiff’s claims did not fall within the scope of the federal cause of action under the PREP Act because they did not allege willful misconduct in the administration of a covered COVID-19 countermeasure. The court emphasized that the nursing home could invoke the PREP Act as a defense, but not a basis for removal. Read the full decision here.