Court Overturns Lower Rulings, Affirms Parental Rights in Vaccine Consent Case
In a 5-2 decision, the North Carolina Supreme Court ruled that Emily Happel can sue the Guilford County Board of Education and Old North State Medical Society for forcing her 14-year-old son, Tanner Smith, to receive a COVID-19 vaccine without parental consent or his agreement. The March 2025 ruling overturns lower court decisions that had shielded the school and medical provider under the federal Public Readiness and Emergency Preparedness (PREP) Act, allowing the lawsuit to proceed in state court.
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The incident occurred when Tanner visited the Western Guilford High School clinic for a COVID-19 test after a team outbreak. Despite assurances that only testing was offered, clinic workers attempted to vaccinate him. Tanner protested, lacked a parental consent form, and his mother couldn’t be reached. Ignoring his objections and without contacting his stepfather waiting outside, a worker instructed another to “give it to him anyway,” according to the ruling.
Lower courts had ruled the PREP Act, enacted during the 2020 health emergency, protected the defendants from liability. However, Chief Justice Paul Newby, writing for the majority, clarified that while the Act guards against claims of “loss” like injury or death, it doesn’t block state constitutional claims. The court recognized rights such as parental control over a child’s upbringing, refusal of nonmandatory treatment, and a mother’s authority over her child’s medical decisions.
“No law can preempt the Constitution,” said Liberty Counsel’s Mat Staver, praising the decision. “Parents have the right to direct their children’s upbringing and medical care.”
