The Vermont Supreme Court ruled last week that a family
whose child was vaccinated against COVID-19 without consent cannot sue
the school district.
Despite the father informing a school
official prior to the November 2021 clinic that he did not want his
child vaccinated—and the child verbally protesting (“Dad said no”)—the
child was given one dose of Pfizer’s COVID vaccine after accidentally
wearing the name tag of another student, the ruling states. According to
Crisis in the Classroom, "The second student had allegedly already
received a vaccination earlier that day."
Academy School officials eventually realized the error
and called L.P.'s parents to apologize, who later removed their child
from the school, according to the ruling.
The Vermont Supreme
Court ruled Friday state and school officials involved in the matter are
protected under the Public Readiness and Emergency Preparedness (PREP)
Act, which provides liability immunity. In the event of a public health
emergency, the PREP Act ensures certain "covered persons" are immune
from claims causally related to the use of a "covered countermeasure." A
vaccine is considered a covered countermeasure.
"To avoid
dismissal on immunity grounds, plaintiffs would have had to present
wellpleaded allegations showing that (1) at least one defendant was not a
covered person, (2) some conduct by a defendant was not causally
related to administering a covered countermeasure, (3) the substance
injected into L.P. was not a covered countermeasure, or (4) there was no
PREP Act declaration in effect at the time L.P. was injected," the
ruling reads.
The high court's ruling affirms a January 2023 decision by a state superior court. (CITC)
Critics blasted the ruling.
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