Maude Fox v. Cerritos Vista Healthcare Center LLC

I. Background

In short, Plaintiff argues that Defendant failed to staff the nursing facility it owned and operated adequately, failed to take proper precautions to prevent the spread of COVID-19 in the facility, and failed to react properly to the infections that became present in the facility. These failings are alleged to have caused the death of the decedent. The removal is premised on various federal government directives regarding COVID-19. Defendant claims these directives are

1 The Court will use “Plaintiff” because there is only one living plaintiff named in the complaint. direct and specific enough to allow it to remove this case as a “federal officer.” It further argues that removal is allowed due to the federal Public Readiness and Emergency Preparedness Act (PREP Act), 42 U.S.C. §§ 247d-6d, 247d-6e. Generally, the PREP Act authorizes the Secretary of Health and Human Services to provide limited immunity to “covered persons” against claims for losses due to the administration or use of a covered countermeasure as declared by the Secretary. As most relevant to this case, the Secretary has issued declarations under the PREP Act to extend PREP Act protections to…