Floretta Franklin, as Mother and Next of Kin to Latoya Perry v. Ou Medicine

Summary

The Oklahoma Supreme Court held that the U.S. Public Readiness and Emergency Preparation (PREP) Act grants immunity to OU Medicine and the nurse, so the state courts lack subject‑matter jurisdiction over the plaintiff’s claims and the district court’s dismissal was proper. The Court reasoned that the cuffed tracheostomy is a covered countermeasure, the plaintiff’s injury is causally related to its use, and the defendants qualify as covered persons under the Act.