North Carolina Supreme Court Allows Lawsuit Over COVID-19 Vaccine Without Consent

The court ruled that federal immunity under the PREP Act does not block state constitutional claims, enabling the case to move forward.

The lawsuit alleges a 14-year-old boy was vaccinated without his or his mother's consent at a school clinic in 2021.
The North Carolina Supreme Court reversed lower court rulings that dismissed the case based on federal PREP Act immunity.
The court determined the PREP Act’s immunity applies only to tort claims, not state constitutional violations.
Chief Justice Paul Newby emphasized parental rights and the right to refuse nonmandatory medical treatment in the majority opinion.
A dissenting opinion argued that federal law should preempt state constitutional claims, citing a broader interpretation of the PREP Act.