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Family of Teen Vaccinated Without Consent at School Asks Maine Supreme Court to Hear Case
from Childrens Health Defense:
J.H., a minor, was given a dose of the Pfizer COVID-19 vaccine at Miller School in Waldoboro, Maine. The parents sued the school clinic and pediatrician, in a lawsuit challenging the liability shield given to medical practitioners under the PREP Act.
A Maine family has appealed the dismissal of a lawsuit alleging a clinic set up at a school gave their son a COVID-19 vaccine in November 2021 without the parents’ consent.
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J.H., a minor, was given a dose of the Pfizer-BioNTech COVID-19 vaccine on Nov. 12, 2021, at Miller School in Waldoboro, Maine.
The lawsuit — against Lincoln Medical Partners, MaineHealth and Dr. Andrew Russ, a pediatrician — challenges the liability shield given to medical practitioners under the Public Readiness and Emergency Preparedness Act (PREP Act).
J.H.’s parents, Siara Harrington and Jeremiah Hogan, who said they did not consent to their son’s vaccination, sued the defendants in May 2023 in Lincoln County Superior Court.
The defendants filed a motion to dismiss in August 2023, arguing they were immune under the PREP Act. In April, the Maine Superior Court granted the defendants’ motion.
The family appealed the dismissal to the Maine Supreme Judicial Court on Aug. 1, arguing that the PREP Act does not protect medical practitioners from liability in cases involving non-consensual medical interventions and that the PREP Act does not reconcile with laws governing drugs administered under emergency use authorization (EUA).
The appeal references the Project Bioshield Act of 2004, which states that, for products issued under EUA, people must be informed of the “option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.”
Yet, under the PREP Act, immunity applies to anyone who has “a casual relationship with the administration … of a covered countermeasure,” including “the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of such countermeasure.”
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