Children's Health Defense The Supreme Court of North Carolina ruled that the federal Public Readiness and Emergency Preparedness (PREP) Act does not preempt state law requiring parental consent for vaccination. However, in agreement with two lower courts, the court rejected the plaintiff’s battery claim, finding that the PREP Act does preempt injury claims.
A lawsuit filed by the mother of a 14-year-old son given a COVID-19 vaccine at school without consent can proceed, the Supreme Court of North Carolina ruled late last week.
The ruling opens the door for parents to sue schools and health clinics over the administration of COVID-19 vaccines.
Emily Happel sued the Guilford County Board of Education and the Old North State Medical Society in August 2022 on behalf of her son, Tanner Smith, alleging battery and violation of state and federal constitutional provisions.
North Carolina’s Chief Justice Paul Newby ruled the case can proceed because the federal Public Readiness and Emergency Preparedness (PREP) Act does not preempt state law requiring parental consent for vaccination.
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