Yaya
Yaya v. SC Medical CA2/2
Opinion
Opinion
Chavez, J.
facts sufficient to support any of his causes of action. Appellant filed an opposition to AFC’s motion for judgment on the pleadings on March 28, 2023. AFC’s reply was filed on April 4, 2023. The matter was heard on April 11, 2023. After considering the papers and hearing oral argument, the trial court granted AFC’s motion and issued a written ruling the same day. The court noted the operative complaint alleged appellant sought medical treatment on December 21, 2021, during a time when the Secretary of Health and Human Services had declared a public health emergency due to COVID-19. The time frame and COVID-19 emergency declaration were undisputed. The court found AFC was a covered person under the PREP Act, “engaging in defined countermeasures” thus “categorically and unequivocally” precluding any state or federal claims regardless of any claimed disability. Appellant provided no basis for any exception. Further, the court noted, even if appellant could state an exception to immunity, the trial court was an improper forum. Finally, the court noted, regardless of immunity, appellant’s claims lacked merit. The court granted AFC’s motion for judgment on the pleadings with prejudice.…