No. 24-641

Gavin de Becker, et al. v. UHS of Delaware, Inc., dba Desert Springs Hospital Medical Center

Lower Court: Nevada
Docketed: 2024-12-12
Status: Denied
Type: Paid
Response Waived
Tags: covered-countermeasure healthcare-immunity medical-liability medical-negligence prep-act treatment-standards
Key Terms:
SocialSecurity Privacy JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Does the Public Readiness and Emergency Preparedness Act of 2005 provide immunity to medical providers for acts and omissions not directly related to a covered countermeasure?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the Public Readiness and Emergency Preparedness Act of 2005, 42 U.S.C. §§ 247d-6d, 247d6e (the “PREP Act”), immunize medical providers from liability for acts and omissions that do not involve “a “covered countermeasure” under the PREP Act? 2. Does administering a “covered countermeasure” at some point during treatment automatically immunize a medical provider against liability for unrelated acts and omissions? (i) ii LIST OF ALL PARTIES The petitioners are Gavin de Becker, in his individual capacity, and Brian de Becker, as the representative of their father Hal de Becker’s estate. The respondents are UHS of Delaware, Inc., which does business in Nevada as Desert Springs Hospital Medical Center (“Desert Springs Medical Center”). Though the complaint also alleged claims against three doctors who oversaw Hal’s treatment, those claims are not at issue in this petition.

Docket Entries

2025-01-13
Petition DENIED.
2024-12-24
DISTRIBUTED for Conference of 1/10/2025.
2024-12-19
Waiver of UHS of Delaware, Inc. of right to respond submitted.
2024-12-19
Waiver of right of respondent UHS of Delaware, Inc. to respond filed.
2024-12-10
Petition for a writ of certiorari filed. (Response due January 13, 2025)

Attorneys

Gavin de Becker and Brian de Becker
Scott James StreetJW Howard Attorneys, Ltd., Petitioner
Scott James StreetJW Howard Attorneys, Ltd., Petitioner
UHS of Delaware, Inc.
Hugh C. GriffinHall Prangle & Schoonveld, LLC, Respondent
Hugh C. GriffinHall Prangle & Schoonveld, LLC, Respondent