The Vermont State Supreme Court has just ruled that school officials, who mistakenly vaccinated a 6-year-old child in 2021, are not liable because they are protected under federal law.
Specifically, that law is the Federal Public Readiness and Emergency Preparedness Act and it applies to a public health emergency like the COVID outbreak.
When the Secretary of HHS issues a public health emergency, the administration of a vaccine is considered a “covered countermeasure” and therefore school officials would be protected as ‘covered persons’.
Here’s more from the Reformer:
Academy School and state staff were protected under federal law when they accidentally vaccinated a 6-year-old child against COVID-19 without authorization from the parents, according to a Vermont Supreme Court decision.
“We conclude that defendants are immune from suit under the Federal Public Readiness and Emergency Preparedness Act (PREP Act),” the court said in a decision issued Friday.
The Politellas, a Brattleboro family, had been unsuccessful when they brought the case to the Windham Superior Court, Civil Division. Their complaint was dismissed by Judge Michael Kainen last year.
The parents hadn’t consented to their son being vaccinated at a clinic hosted at the school in November 2021 in collaboration with the Vermont Department of Health. After realizing the mistake, school officials called the family to apologize, according to the decision.
In a letter to families at the time, Superintendent Mark Speno said staff were “deeply sorry that this mistake happened, and have worked internally to improve our screening procedures.”
Defendants included the state of Vermont, the Windham Southeast School District, Speno, the principal and assistant principal, a teacher, the school nurse, Vermont’s deputy health commissioner, the child’s pediatrician and five unnamed state employees or volunteers, according to the Supreme Court decision. Their defense was supported by the Supreme Court.
“We conclude that the PREP Act immunizes every defendant in this case and this fact alone is enough to dismiss the case,” the decision states.
Congress passed the law in 2005, authorizing the secretary of Health and Human Services to issue a declaration when the official makes a “determination that a disease or other health condition or threat to health constitutes a public health emergency,” according to the decision. Under the law, vaccine is considered “a covered countermeasure.”
“During a public-health emergency, certain ‘covered persons’ are immune from all claims causally related to the administration of a covered countermeasure,” the decision states. “The ‘sole exception’ to the PREP Act’s grant of immunity is a federal cause of action against a covered person whose ‘willful misconduct’ causes ‘death or serious physical injury.'”
I don’t care if it’s a public health emergency or not. No entity should be allowed to vaccinate a child without permission from their parents. Period. I would say this ruling is outrageous, but it could be that the federal law is outrageous if it allows this. It was signed into law by George W. Bush.