Supreme Court of Missouri / Mar 5, 2024
State ex rel. Clinton No. 1, Inc., Relator, vs. The Honorable Brandon Baker, Respondent.
Donna Yarnell filed a wrongful death action against Clinton No. 1, Inc., a healthcare center, alleging negligence after her mother contracted COVID-19. Clinton sought a writ of mandamus to compel the circuit court to dismiss the action, claiming immunity under the federal PREP Act and two Missouri statutes. The Missouri Supreme Court quashed its preliminary writ of mandamus, holding that Yarnell's petition did not implicate a "covered countermeasure" under the PREP Act, Clinton failed to demonstrate deployment under one state immunity statute, and Yarnell adequately alleged recklessness to overcome the other state immunity statutes.