No. 24-483

Sandhills Medical Foundation, Inc. v. Joann Ford, et al.

Lower Court: Fourth Circuit
Docketed: 2024-10-30
Status: Denied
Type: Paid
Amici (1)
Tags: civil-action federal-tort-claims-act health-care-functions medical-immunity public-health-service statutory-interpretation
Key Terms:
Arbitration SocialSecurity Privacy ClassAction
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Does 'related functions' in 42 U.S.C. § 233(a) immunize only medical care provision or broader health care-related activities?

Question Presented (OCR Extract)

QUESTION PRESENTED 42 U.S.C. § 233(a) provides Public Health Service officers and employees—and those deemed equivalent via § immunity from suit by making the Federal Tort Claims Act a plaintiff's exclusive remedy in “any . . . civil action or proceeding . . . resulting from the performance of medical, surgical, dental, or related functions” undertaken within their scope of employment. The question presented is: Does “related functions” in 42 U.S.C. § 233(a)’s recitation of immunized conduct mean functions related to medical, surgical, or dental functions—as the Ninth Circuit concluded in Friedenberg v. Lane County, 68 F.4th 1113 (9th Cir. 2023)—or, as the Fourth Circuit concluded, mean activity in “a field of health care outside of medicine, surgery, or dentistry,” App. 18a, such that § 233(a) immunizes only the “performance of the provision of health care.” App. 20a. i

Docket Entries

2025-03-03
Petition DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-11
Reply of petitioner Sandhills Medical Foundation, Inc. filed. (Distributed)
2025-02-11
Reply of Sandhills Medical Foundation, Inc. submitted.
2025-01-29
Brief of respondent United States in opposition filed.
2025-01-29
Brief of United States in opposition submitted.
2024-12-30
2024-12-30
Brief of Joann Ford in opposition submitted.
2024-12-30
Motion to extend the time to file a response is granted and the time is further extended to and including January 29, 2025, for all respondents.
2024-12-27
Motion of United States for an extension of time submitted.
2024-12-27
Motion to extend the time to file a response from December 30, 2024 to January 29, 2025, submitted to The Clerk.
2024-11-26
2024-11-13
Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2024, for all respondents.
2024-11-12
Motion of respondent Joann Ford to extend the time to file a response from November 29, 2024 to December 30, 2024, submitted to The Clerk.
2024-11-12
Motion of Joann Ford for an extension of time submitted.
2024-11-01
Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2024.
2024-10-31
Motion of the Solicitor General to extend the time to file a response from November 29, 2024 to December 30, 2024, submitted to The Clerk.
2024-10-31
Motion to extend the time to file a response from November 29, 2024 to December 30, 2024, submitted to The Clerk.
2024-10-25
Petition for a writ of certiorari filed. (Response due November 29, 2024)
2024-08-06
Application (24A104) granted by The Chief Justice extending the time to file until October 25, 2024.
2024-07-25
Application (24A104) to extend the time to file a petition for a writ of certiorari from August 26, 2024 to October 25, 2024, submitted to The Chief Justice.

Attorneys

Joann Ford
Kenya J. ReddyMorgan & Morgan Complex Litigation Group , Respondent
Kenya J. ReddyMorgan & Morgan, PA , Respondent
John A. YanchunísMorgan & Morgan Complex Litigation Group, Respondent
Professor Sara Rosenbaum and Professor Feygele Jacobs
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
Sandhills Medical Foundation, Inc.
Matthew S. FreedusFeldesman Leifer LLP, Petitioner
Matthew S. FreedusFeldesman Leifer LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent