N.C. Court on Compensation for (Apparently Unauthorized) Forced Vaccination by School

North Carolina Supreme Court ruled Friday in Happel v. Guilford County Bd . of Ed .

Case concerns a 14-year-old boy's attempt to seek a legal remedy after his school's chosen medical provider injected him with a COVID-19 vaccine against his and his mother's wishes.

Plaintiffs assert a straightforward right to refuse forced, nonmandated medical treatment, a right that falls squarely within the boundaries of our constitution's Law of the Land Clause.

The court suggested that the statute could not be read as giving "carte blanche" to any willful misconduct related to the administration of a covered countermeasure.

The ramifications of this approach are deeply repugnant to our constitutional traditions.

Justices: The seriousness of a run-of-the-mill battery claim pales in comparison to the State 's deprivation of one's fundamental constitutional liberties.

Because ordinary tort loss is distinct from constitutional loss, the tort-based examples included in the PREP Act suggest that Congress did not intend for the immunity to block state constitutional claims.