Pandemic Health Care Immunity Act (PHCIA); MCL 691.1475; MCL 691.1477; COVID-19 screening; Gross negligence; MCL 691.1473(a); Medical malpractice; Bryant v Oakpointe Villa Nursing Ctr, Inc; Franklin v McLaren Flint; Skipper-Baines v Board of Hosp Managers for Flint; Discovery; Summary disposition

The court held that defendants were immune under the PHCIA from plaintiff’s medical-malpractice claim arising from their refusal to test him for or admit him with suspected COVID-19, and that his gross-negligence claim also failed. Plaintiff went to defendant-hospital in 3/20 seeking COVID-19 testing, was screened, denied a test and admission, and later sued the hospital and doctor who assessed him. The court first held that PHCIA immunity applied because plaintiff was assessed for COVID-19 symptoms during the statutory period, and there was “a direct connection to the virus.” Relying on Franklin and Skipper-Baines, the court rejected plaintiff’s argument that immunity was unavailable because he was not tested, diagnosed, or admitted, reasoning that medical personnel had to use discretion when testing supplies and hospital beds were limited. The court next held that plaintiff’s gross-negligence label did not avoid immunity because his allegations challenged defendants’ medical judgment about “treating or admitting him for COVID-19,” and therefore sounded in medical malpractice under Bryant. It also held that the evidence did not show conduct “so reckless as to demonstrate a substantial lack of concern for whether an injury results” because plaintiff was stable, did not meet admission criteria, received symptom-related prescriptions, and was told to return if his symptoms worsened. Finally, the court held that additional discovery was not required because plaintiff identified no new information that could support gross negligence. Affirmed.