North Carolina Parents Appeal Student’s Forced COVID Vax Case Ruling

In a recent legal case concerning a North Carolina high school student’s forced COVID vaccination, the courts have upheld the application of federal law granting immunity to those administering the vaccine, despite objections and lack of parental consent.

The incident in question occurred in 2021 when 14-year-old Tanner Smith, a football player at Western Guilford High School, was directed to undergo COVID testing due to a reported “cluster” involving the team. Unbeknownst to Smith and his family, the testing site also offered COVID-19 vaccine shots.

Despite Smith’s explicit objection and the absence of parental consent, a clinic worker proceeded to administer a Pfizer COVID-19 vaccine to him, contrary to his expectations of receiving only a test. This action led to a lawsuit filed by Smith and his mother, Emily Happel, against the Guilford County school board and the Old North State Medical Society.

However, the lawsuit faced a setback when appellate judges ruled against Happel and Smith, citing the federal Public Readiness and Emergency Preparedness (PREP) Act of 2005. This legislation provides broad immunity to individuals administering COVID vaccines, shielding them from legal action except in cases of death or serious bodily injury due to willful misconduct.

Despite labeling the forced vaccination as “egregious,” the court upheld the immunity granted by the PREP Act, emphasizing the sweeping breadth of its liability protections.

Attorneys representing Happel and Smith have filed a petition urging the state Supreme Court to reconsider the ruling, arguing that the broad interpretation of the PREP Act undermines state laws requiring parental consent for administering vaccines to minors. They contend that the court’s decision renders such state laws ineffective.