*A lawsuit filed by the mother of a 14-year-old son given a COVID-19 vaccine at school without consent can proceed, the Supreme Court of North Carolina <cases.justia.com/north-carolina/supreme-court/2025-86pa24.pdf> ruled late last week.*
*The ruling opens the door for parents to sue schools and health clinics <www.wral.com/story/nc-supreme-court-ruling-opens-path-for-parents-to-sue-schools-health-clinics-over-covid-19-vaccines/21921612/> over the administration <childrenshealthdefense.org/defender_category/mandates-censorship-surveillance/> of COVID-19 <childrenshealthdefense.org/defender_category/covid/> vaccines <childrenshealthdefense.org/vaccines/>.*
*Emily Happel sued the Guilford County Board of Education and the Old North State Medical Society in August 2022 on behalf of her son, Tanner Smith, alleging battery and violation of state and federal constitutional provisions.*
*North Carolina’s Chief Justice Paul Newby ruled the case can proceed because the federal Public Readiness and Emergency Preparedness (PREP) Act <aspr.hhs.gov/legal/PREPact/pages/default.aspx> does not preempt state law requiring parental consent for vaccination <childrenshealthdefense.org/defender_category/vaccines-2/>.*
*However, in agreement with two lower courts, Newby rejected Happel’s battery claim <childrenshealthdefense.org/defender/teenager-covid-vaccine-without-parental-consent-north-carolina-supreme-court/>, finding that the PREP Act preempts injury under tort law.*
*The case will now return to the North Carolina Court of Appeals to address questions relating to state law and the state Constitution.*
*The ruling opens the door for parents to sue schools and health clinics <www.wral.com/story/nc-supreme-court-ruling-opens-path-for-parents-to-sue-schools-health-clinics-over-covid-19-vaccines/21921612/> over the administration <childrenshealthdefense.org/defender_category/mandates-censorship-surveillance/> of COVID-19 <childrenshealthdefense.org/defender_category/covid/> vaccines <childrenshealthdefense.org/vaccines/>.*
*Emily Happel sued the Guilford County Board of Education and the Old North State Medical Society in August 2022 on behalf of her son, Tanner Smith, alleging battery and violation of state and federal constitutional provisions.*
*North Carolina’s Chief Justice Paul Newby ruled the case can proceed because the federal Public Readiness and Emergency Preparedness (PREP) Act <aspr.hhs.gov/legal/PREPact/pages/default.aspx> does not preempt state law requiring parental consent for vaccination <childrenshealthdefense.org/defender_category/vaccines-2/>.*
*However, in agreement with two lower courts, Newby rejected Happel’s battery claim <childrenshealthdefense.org/defender/teenager-covid-vaccine-without-parental-consent-north-carolina-supreme-court/>, finding that the PREP Act preempts injury under tort law.*
*The case will now return to the North Carolina Court of Appeals to address questions relating to state law and the state Constitution.*
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