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Adolescent challenges federal immunity in lawsuit over compulsory COVID vaccination


A Guilford County teenager and his mother are challenging a federal law that they believe is blocking their lawsuit over the teen’s forced COVID vaccination. Emily Happel and her son Tanner Smith filed a brief with the North Carolina Supreme Court arguing that the federal Public Readiness and Emergency Preparedness Act (PREP Act) does not provide immunity for a willful act such as administering a medical procedure without consent. They have been battling the Guilford County school board and Old North State Medical Society in court since 2021.

Their lawyer, David “Steven” Walker, argues that the PREP Act was meant to provide immunity for acts during emergencies, not for willful acts like forced vaccinations. Happel and Smith also point to state law which requires parental consent for administering emergency use authorized vaccines to minors.

The North Carolina Supreme Court agreed to hear their case, focusing on whether the lower courts were correct in granting immunity to the defendants under the PREP Act and whether it preempts state law claims.

The case has drawn attention from members of the state legislature who are advocating for the protection of parental rights and adherence to state law. The school board and medical society have filed documents asking the court not to take the case, citing federal immunity provided by the PREP Act.

Despite a unanimous decision against Happel and Smith by the Appeals Court, they remain determined to prove that the forced vaccination violated their rights and state law. The case highlights the complex interplay between federal and state laws in dealing with public health emergencies.

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Photo credit www.carolinajournal.com

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