Justia Health Law Opinion Summaries

In Oklahoma, a woman suffering from various progressive, degenerative diseases executed an advance directive instructing that her life not be extended by life-sustaining treatment, including artificially administered nutrition and hydration. Later, she was hospitalized and a PEG tube was inserted to provide artificially administered nutrition and hydration, contrary to the terms of her advance directive. The woman's sister and children disagreed on whether to keep the PEG tube in place or follow the instructions in the advance directive. The Supreme Court of the State of Oklahoma held that an incapacitated or incompetent person retains the legal right to revoke their advance directive and that revocation of an advance directive must be proven by clear and convincing evidence. The court affirmed the decision of the lower court, which had found that the woman had not revoked her advance directive and that the insertion of the PEG tube violated the terms of her advance directive. View "IN RE GUARDIANSHIP OF L.A.C." on Justia Law

The appellants in this case filed an action to permanently enjoin enforcement of five Acts of the Oklahoma Legislature. Each Act concerned the termination of a pregnancy. The appellants' challenges were based upon Oklahoma law and not federal law. They argued there was a constitutional right to terminate a pregnancy under the Oklahoma Constitution. The trial court denied a temporary injunction on three of the Acts, which was the basis of this appeal. The Oklahoma Supreme Court granted a temporary injunction pending appeal, vacated the trial court's order denying temporary injunction, directed it to grant a temporary injunction and remanded the matter for further proceedings on the merits. View "Oklahoma Call for Reproductive Justice v. Drummond" on Justia Law

Petitioners filed this original proceeding objecting to two pieces of legislation passed by the Oklahoma legislature during the 2022 legislative session: S.B. 1503 and H.B. 4327. Both acts prohibited abortion after certain cutoff points while providing for a civil enforcement mechanism; both acts prohibited enforcement by the State, its subdivisions, and its agents--instead, the bills created a cause-of-action maintainable by any person for performing, or aiding and abetting the performance of, an abortion in violation of the acts. Petitioners challenged the bills on many grounds, but the Oklahoma Supreme Court did not address them here. The Court held both bills were unconstitutional; the Court found it unnecessary to address the Petitioners' request for injunctive relief and/or writ of prohibition or Respondents' claims that Petitioners did not have a justiciable claim against them. Petitioners' request for injunctive relief and/or a writ of prohibition was denied. View "Oklahoma Call for Reproductive Justice v. Oklahoma" on Justia Law

During the summer of 2021, Appellants Edmond Public School Board Members and Edmond Public School District Superintendent, Angela Grunewald, (collectively "District") anticipated a complete return to in-person instruction for the 2021-2022 school year. Prior to the start of the school year, the Oklahoma City County Health Department ("OCCHD") expressed to District that quarantines should be recommended rather than required. In response, District prepared a standard letter that alerted parents when their child was exposed to a positive COVID-19 case, which left the responsibility "for carrying out a quarantine or not" up to the parents. School began on Thursday, August 12, 2021. By the fourth day of school, District reported 140 positive cases of COVID-19 which rose to 170 positive cases on the fifth day of the school year. The District thereafter implemented a policy consistent with the OCCHD’s recommendation and informed parents of the policy by email. As a result of the Policy, several unvaccinated students were required to quarantine due to being identified as a close contact. The Appellees, parents of children enrolled in Edmond Public Schools affected by the Policy ("Parents"), individually and on behalf of their children, filed a Petition for Declaratory Judgment and Injunctive Relief and an Application for Temporary Restraining Order ("TRO") alleging the policy violated state statutory and federal constitutional rights. District objected, and the TRO was denied. The trial court denied relief on all three counts pleaded in the Petition, but granted a Temporary Injunction based on Parents' Equal Protection Clause argument and enjoined District from implementing or enforcing the Policy. The District appealed. The trial court determined Parents were likely to succeed on the merits of their Equal Protection Clause claim against District but were unlikely to succeed on the merits of their claim that the Policy violated 70 O.S.Supp.2021, § 1210.189(A)(1). The Oklahoma Supreme Court found the trial court improperly interpreted § 1210.189(A)(1) and incorrectly concluded Parents were unlikely to succeed on the merits of their claim that the Policy violated § 1210.189(A)(1). Because the Supreme Court determined the policy violated 70 O.S.Supp.2021, § 1210.189(A)(1), it did not address the Equal Protection Clause argument. The trial court’s order was vacated and a declaratory judgment was granted in favor of the Parents. View "Shellem v. Gruneweld" on Justia Law

Petitioners were healthcare providers and an advocacy group, the Oklahoma Call for Reproductive Justice. Respondents were various state officials: the Attorney General of the State of Oklahoma, the district attorneys of Oklahoma and Tulsa counties, and the heads of various Oklahoma medical agencies. Petitioners filed this original proceeding asking the Oklahoma Supreme Court to assume original jurisdiction and grant declaratory relief concerning the constitutionality of two statutes, 21 O.S. 2021, § 8612 and 63 O.S. Supp. 2022, § 1-731.43, which criminalized performance of certain abortions. They requested the Supreme Court either issue an injunction preventing the enforcement of these statutes or, alternatively, issue a writ of prohibition preventing the Respondents from enforcing these statutes. Petitioners alleged the two statutes violate inherent rights and substantive due process rights guaranteed by sections 24 and 75 of article II of the Oklahoma Constitution. The gravamen of their argument was, following the recent decision of the United States Supreme Court in Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022), that the Oklahoma Constitution provides an independent right to terminate a pregnancy and that right was unaffected by the Dobbs opinion. In addition, Petitioners alleged the statutes were unconstitutionally vague and that § 861 was repealed by implication by § 1-731.4. The Supreme Court held that the Oklahoma Constitution created an inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life. "Absolute certainty is not required, however, mere possibility or speculation is insufficient." The Court made no ruling on whether the Oklahoma Constitution provides a right to an elective termination of a pregnancy, i.e., one made outside of preserving the life of the pregnant woman. "Regulations that significantly impair an inherent right must survive strict scrutiny." View "Oklahoma Call for Reproductive Justice v. Drummond" on Justia Law

The plaintiffs/appellees, doctors, parents, and the Oklahoma State Medical Association, (collectively, doctors) brought a declaratory judgment action against the State of Oklahoma and the Governor seeking: (1) a declaration that Senate Bill 658 (codified as 70 O.S. Supp. 2021 Ch. 15, §§1210-189 and 190), which restricted school districts of local control of public schools from making decisions about mask wearing to school in order to protect all students from contracting or spreading a highly contagious and infectious disease, only when the Governor declared a state of emergency was unconstitutional; and (2) an injunction enjoining the alleged unconstitutional legislation from being enforced. The trial court granted a temporary injunction, enjoining the State from enforcing portions of Senate Bill 658. The State and Governor appealed. The Oklahoma Supreme Court held that 70 O.S. Supp. 2021 §§1210-189 and 190, were an unconstitutional, impermissible delegation of Legislative authority. However, because the objectionable provision was stricken, the remainder of the statutes could be upheld. View "Ritter v. Oklahoma" on Justia Law

Appellant Kristi Ho, a nurse, sued her employer, appellee Tulsa Spine & Specialty Hosptial, L.L.C., alleging that the Hospital fired her because she would not come to work. She refused to go to work because of concern for her health and safety. She alleged the Hospital violated the Governor's directive to discontinue elective surgeries for a short time during a COVID-19 pandemic, and it did so without providing her proper personal protective equipment. The Hospital filed a motion to dismiss, arguing that the nurse was an employee-at-will, and that she failed to state a claim for wrongful discharge under Oklahoma law. The trial court agreed, and dismissed the lawsuit. The nurse appealed, and the Oklahoma Supreme Court retained the case to address a matter of first impression: whether the Governor's temporary emergency COVID orders expressed public policy necessary to apply an exception to at-will employment which would support an action for wrongful discharge. After review, the Court held that because the Legislature expressly granted the Governor authority to issue temporary emergency orders, and the orders expressed the established public policy of curtailing an infectious disease, the exception to at-will employment as articulated by Burk v. K-Mart Corp., 770 P.2d 24 and its progeny, was applicable from March 24, 2020, until April 30, 2020. View "Ho v. Tulsa Spine & Specialty Hospital" on Justia Law

An opioid manufacturer appealed a $465 million verdict following a bench trial in a public nuisance lawsuit. The district court held the opioid manufacturer liable under Oklahoma's public nuisance statute for its prescription opioid marketing campaign. The State of Oklahoma counter-appealed. The Oklahoma Supreme Court retained the appeal and held that the opioid manufacturer's actions did not create a public nuisance. The district court erred in extending the public nuisance statute to the manufacturing, marketing, and selling of prescription opioids. View "Oklahoma ex rel. Attorney General of Oklahoma v. Johnson & Johnson" on Justia Law

Voters in the City of Enid presented a recall petition to City of Enid officials. The petition sought to recall plaintiff-appellant, City Commissioner Ben Ezzell for his support of a city wide mask mandate to combat the COVID epidemic. Ezzell objected to the recall petition, alleging that because the recall petition did not comply with the requirements of 34 O.S. 2011 section 3 and 34 O.S. Supp. 2015 section 6, which related to signature collection, the recall petition was insufficient. After a hearing, the trial court denied Ezzell's protest and determined that the petition was sufficient under the City Charter of Enid recall process. Ezzell appealed. The Oklahoma Supreme Court held there was no conflict between the City Charter recall process, and the additional state requirements of 34 O.S. 2011 sec. 3 and 34 O.S. Supp. 2015 sec. 6, the state statutes governed, but were not properly followed. The recall petition was therefore insufficient on its face pursuant to Clapsaddle v. Blevins, 66 P.3d 352, and its predecessors. View "Ezzell v. Lack" on Justia Law

Plaintiffs filed a negligence action based upon the alleged acts of defendants when one of the plaintiffs was staying in a hospital after surgery and received a burn from spilled hot water. The district granted defendants' motion to strike plaintiffs' witness list and defendants' motion for summary judgment. Plaintiffs appealed and the Court of Civil Appeals. After its review, the Oklahoma Supreme Court held the trial court erred in granting summary judgment striking the list of trial witnesses when plaintiffs were not provided time to respond to the motion to strike as granted by District Court Rule 4. Judgment was reversed and the matter remanded for further proceedings. View "Shawreb v. SSM Health Care of Oklahoma" on Justia Law