A mother and her teenage son from North Carolina have been granted permission to sue after the son was allegedly vaccinated against Covid-19 without consent. This decision came from the state Supreme Court, which overturned a previous ruling that claimed federal health emergency laws prevented such legal action.
Emily Happel and her son, Tanner Smith, can now take legal action against the Guilford County school system and the medical group involved in the vaccination. The lawsuit states that in August 2021, Tanner went to a clinic at a high school to get tested for Covid-19 due to an outbreak among his football team. He did not expect to receive a vaccine there and made it clear that he did not want one. According to the lawsuit, Tanner did not have a signed consent form from his mother, and when clinic staff could not reach her, they were allegedly told to proceed with the vaccination anyway.
The family has accused the Guilford County Board of Education and the Old North State Medical Society of battery and violating their constitutional rights. They have been represented by attorney Steven Walker since 2022. Walker emphasized that regardless of opinions on vaccines, it is crucial for children to undergo medical procedures only with their parents’ knowledge and consent. He expressed frustration over the lack of response from the school district and the medical society, leading them to pursue legal action.
This case highlights ongoing debates around parental consent for vaccinations, especially amid the Covid-19 pandemic. Some lawmakers have voiced strong opinions on the issue. For instance, Rep. John Yarmuth criticized proposals requiring parental consent, arguing that parents do not always know what is best for their children. Meanwhile, Rep. Marjorie Taylor Greene has called for the removal of Covid-19 vaccines from the childhood vaccination schedule, citing concerns over safety.
As this lawsuit progresses, it could have broader implications for how schools and medical providers handle vaccinations and parental consent in the future.