Overview

• 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.