Family Allowed To Sue Over COVID-19 Vaccine, Court Rules

Mar 26, 2025

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A North Carolina family has been granted the right to sue a public school system and doctors group for allegedly giving the son a COVID-19 vaccine without consent, the state Supreme Court ruled in March.

The ruling reverses a lower-court decision that would have prevented Emily Happel and her son, Tanner Smith, from filing the lawsuit, Fox News reported. Smith received a COVID-19 vaccine at the age of 14, in August 2021, despite his opposition at the testing and vaccination clinic at a Guilford County high school, the suit states.

Smith did not have a signed parental consent form when he was allegedly told he had to receive the vaccine. When no one was able to contact his mother, someone at the clinic said to “give it to him anyway,” the family claims. (RELATED: ‘If The Church Votes, We WIN’: Lance Wallnau Answers Your BIG QUESTIONS On Why Everyone Needs To Care About Wisconsin)

Ongoing Case … Moving Through The Courts

Happel and Smith filed their suit against the county’s Board of Education and the Old North State Medical Society, alleging battery and violation of their constitutional rights, Fox News continued. The Board and medical group argued they were protected under the federal Public Readiness and Emergency Preparedness Act (PREP).

PREP generally protects the actions of individuals and entities during public health emergencies from legal threats, but not in cases of willful misconduct, Newsmax explained.

“We agree that the state constitution protects a parent’s right to control her child’s upbringing, including her right to make medical decisions on her child’s behalf,” North Carolina state Supreme Court chief justice Paul Newby wrote in the 5-2 majority opinion, which split down party lines.

How This Could Change Your Life

The lawsuit could now allow others to file claims against schools and medical clinics over COVID-19 vaccines given to children without parental permissions, WRAL reported. Republican justices Tamara Barringer and Phil Berger Jr. concurred in their opinion, pushing to roll back protections for health workers immunity protections even further.

A report published in February revealed that many states are moving to ban mRNA vaccines, the likes of which were used for the COVID-19 vaccine, according to NewsNation. Examples include Idaho’s Senate Bill 1036, the “Doug Cameron Act,” which would create a 10-year pause on all “gene therapy immunizations to ensure the safety and well-being of all Idahoans,” the report notes. (MORE: Vince Coglianese Takes Over Rush Limbaugh, Dan Bongino’s National Radio Show Time Slot)

More U.S. adults received an updated flu shot in late 2024 through early winter 2025, Pew Research found, suggesting that fewer people are open to receiving COVID-19 vaccines and boosters in a post-pandemic landscape. But how do you feel about this issue?

Do You Have Strong Feelings About The COVID-19 Vaccine & Pandemic?

No matter your answer, your lawmakers depend on YOU — the voters — outside of election season. Changing your world starts with your locally elected officials, and goes all the way up to the White House. Did you know that it is your responsibility to tell your lawmakers what you want to happen during their time in office?

Just because you voted for them in November (or maybe you didn’t) doesn’t mean your role in shaping America’s future is over. Now is the time to actually engage with your lawmakers by lobbying them to support the change YOU want to see.

Contacting your representatives should be easy, but there are myriad ways they can ignore your messages. That’s where we come in. 

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Join us in our mission to advocate for religious freedom, support fair and secure elections, and uphold the values that this great nation was built upon. Tell us what you want from the next four years, and we will fight to make it a reality … again!

 

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