Samadder v. Ohio State Univ. Wexner Med. Ctr.

Citations

• 2024 Ohio 6104

Syllabus

Judgment affirmed in part, reversed in part and cause remanded. Court of Claims did not err in finding that OSUWMC met its burden to establish immunity under Am.Sub.H.B. No. 606 as Dr. Samadder's care and treatment was a direct result of or in response to her COVID-19 infection. The Court of Claims did err in its ruling on summary judgment by requiring Dr. Samadder to plead an exception to immunity in her complaint. Cause remanded to the Court of Claims to determine whether Dr. Samadder has established through evidence that OSUWMC acted with reckless disregard so as to preclude application of immunity under Am.Sub.H.B. No. 606.