This section contains the nature of the case and procedural background.

In 2009, in response to an outbreak of the influenza virus, the Secretary of Health and Human Services determined that a public health emergency existed and issued declarations recommending the administration of the influenza antiviral vaccination Peramivir. In response, then-Governor Paterson issued an executive order declaring a disaster emergency with respect to the influenza outbreak, which authorized state and local health departments to establish immunization programs in order to facilitate the timely distribution and administration of the 2009 influenza vaccine. D held a vaccination clinic. P did not execute a parental consent form authorizing the inoculation of her daughter, then a kindergartner, a nurse employed by D administered a vaccination to the child. P commenced this action alleging that the administration of the inoculation without consent constituted negligence and resulted in a battery upon her daughter. D moved to dismiss for lack of subject matter jurisdiction on the ground of federal preemption. The Supreme Court denied the motion. D appealed.

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