The Guilford County Schools Forced Vaccination Case

Readers might be aware of the case of the Guilford County teenager who was vaccinated at school against Covid-19 in spite of the fact that neither the teen nor his parents consented. The family sued; and a North Carolina Appeals court recently ruled that a federal law grants the school system immunity from liability.

Eight GOP lawmakers in Raleigh just asked the NC Supreme Court to take up the case. I am glad they did this.

There are two reasons, in my opinion, this case should proceed.

First, the federal law was designed to protect organizations that rightfully administered the vaccines from claims related to the vaccine itself. But this vaccine was not rightfully administered. Instead, there was a cavalier disregard for consent requirements. The patient was a minor; and those administering the vaccine should never have even dreamed of proceeding with the shot.

We were taught in medical school that when we do things to patients without their consent, it is considered to be a battery— i.e., a criminal assault. The federal vaccine immunity law was not intended to protect against that; and nobody reasonably understood its meaning in this manner when it was originally passed.

The implications of granting the school system immunity is that facilities would be emboldened to force vaccinations on patients without proper consent; and governments would be emboldened to require it.

Second, the federal government has no rightful constitutional authority on matters related to health care. The jurisdiction for these matters is at the state level.

It was a horrible thing that the school systems were co-opted to administer the Covid vaccines to kids in North Carolina; and many of them, including here in Guilford County, jumped eagerly aboard.

Even though it is not good for the taxpayer, this family deserves justice.