“NC Court Rules Federal PREP Act Protects Forced Vaccination Without Parental Consent”
A North Carolina Court of Appeals found that a clinic, where personnel gave a 14-year-old boy a COVID-19 shot without his consent or parental consent, was protected by the PREP Act
By Carolyn Hendler, JD April 8, 2024
A North Carolina Court of Appeals found that a clinic, where personnel gave a 14-year-old boy a COVID-19 shot without his consent or parental consent, was protected by the Public Readiness and Emergency Preparedness Act (PREP Act). The court concluded that the Guilford Board of Education, which hosted the clinic, was also covered by the PREP Act.1
Despite calling the act of forcing a child to get a COVID-19 shot against his will and without his parent’s consent, “egregious,” the court unanimously concluded that the PREP Act preempted state law and protected the defendants from being held liable for battery, violation of Tanner’s mother’s constitutional liberty and parental rights, and violation of Tanner’s bodily autonomy and plaintiffs’ federal constitutional rights.2
The minor child, Tanner Smith, attended Western Guilford High School in Greensboro, North Carolina when the school district sent a letter to his parents stating that Tanner was one of the students who may have been exposed to the SARS-CoV-2 virus and that, unless he got tested, he would not be able to “return to football practice until cleared by a public health professional.” The letter set forth that one of the local schools would be hosting a free clinic offering testing the following day. The letter explained that, “consent for testing is required.”3 4
The following day, Tanner’s step-father took him to the clinic at the local school for the free testing so that Tanner could return to football practice. The school district failed to inform the parents that a there was also a free vaccination clinic along with the free testing at the school that same day. While Tanner’s step-father waited in the car, Tanner filled out a form that he believed was for the free testing needed to return to football practice. At that time, one of the clinic workers attempted to reach out to Tanner’s mother but she was not available. Tanner’s step-father who was waiting outside the clinic was not called.5
Clinic Workers Said “Give It to Him Anyway”
Tanner made it clear to the the clinic workers that he was there for a COVID-19 test and not for the COVID shot and that he did not want a shot. However, one of the clinic workers was heard to have said, “give it to him anyway.” Despite his protest and the clinic’s failure to get parental consent, Tanner was given a Pfizer/BioNTech Comirnaty COVID shot.6
Trial and Appellate Courts Rule PREP Act Pre-Empts State Law
Tanner and his mother sued the school district and the vaccine clinic alleging battery, violation of Tanner’s mother’s constitutional liberty and parental rights, violation of Tanner’s bodily autonomy and violation plaintiffs’ federal constitutional rights.7 The trial court dismissed the complaint due to the PREP Act shielding the defendants and the decision was appealed.
The Court of Appeals affirmed the trial court’s decision. While North Carolina state law provides that “a health care provider shall obtain written consent from a parent or legal guardian prior to administering any vaccine that has been granted emergency use authorization and is not yet fully approved by the U.S. Food and Drug Administration (FDA) to an individual under 18 years of age,” the court found that the PREP Act pre-empts state law.
The court acknowledged that the intent of the state law is to protect bodily autonomy and parental rights and that the violation suffered by the plaintiffs when Tanner was given the shot against his wishes was outrageous, but ultimately concluded that the state statute was preempted by the federal PREP Act.
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