About four years ago we posted about a decision in which the Wisconsin Court of Appeals reversed a trial court’s injunction requiring the administration of a certain medication to treat a patient suffering from COVID-19. In that decision, the party seeking the injunction relied on an unsworn declaration from a physician who stated that he was “generally considered the foremost authority” on the proposed treatment. Gahl v. Aurora Health Care, Inc., 403 Wis. 2d 539, 554-55 (Wis. Ct. App. 2022). That decision rejected the assertions in the declaration and noted that the declaration was “conspicuously devoid of any discussion of the patient in [the] case.” Id.  Today’s decision, Kory v. Waters, 2026 WL 2507087 (2d. Cir. Aug. 26, 2026), comes full circle—the physician who offered the declaration in Gahl supporting what might be considered unorthodox treatment was named as a defendant in a medical malpractice claim related to his treatment of a patient with COVID-19.  The dismissal of the malpractice claims underscores the broad scope of immunity under the Public Readiness and Emergency Preparedness Act (the PREP Act), 42 U.S.C. § 247d-6d.  Even if the treatment might be considered “counter-culture,” if the Act’s requirements are satisfied, it is subject to immunity from suit.