A North Carolina appeals court has cleared the way for a trial in a lawsuit filed by a mother who alleges her teenage son was given a COVID-19 vaccine against his will.
On Wednesday, a state appeals panel ruled that Tanner Smith’s mother adequately put forward constitutional claims to pursue her lawsuit against the Guilford County Board of Education and the Old North State Medical Society. The teen was 14 years old in 2021 when he was given the shot at a school-hosted clinic despite his mother previously calling the school to explicitly deny permission.
While a lower court originally dismissed the case based on a state law that protects healthcare providers during a public health emergency, the appeals panel ruled that a state law cannot override the mother's constitutional rights to control her child’s medical care.
The decision sends the case back to trial court.
