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Maine Court Rules Against Family of Child Vaccinated Without Parents' Consent at School
The court ruled that school medical staff were protected under the Public Readiness and Emergency Preparedness Act (PREP Act).
The lawsuit challenged the PREP Act's liability shield. But he Maine Superior Court dismissed the lawsuit, finding that the PREP Act granted immunity to the defendants. The parents appealed and the court sided with the school.
The Maine ruling is similar to a lawsuit in Vermont, Politella v. Windham Southeast School District. The Maine court ruling is part of a trend in which state and federal courts have ruled in favor of the PREP Act's immunity provisions.
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This article was originally published by The Defender — Children's Health Defense's News & Views Website.
The Maine Supreme Judicial Court has upheld a lower court ruling that school medical staff who gave a COVID-19 vaccine to a minor without obtaining parental consent cannot be held liable.
On March 4, the court ruled that school medical staff were protected under the Public Readiness and Emergency Preparedness Act (PREP Act).
The PREP Act provides a liability shield to "covered persons" — including those who administer COVID-19 or other countermeasures — during a public health emergency. COVID-19 vaccines are covered under the PREP Act because they were rolled out under emergency use authorization (EUA).
In November 2021, J.H., a minor, was given a dose of the Pfizer-BioNTech COVID-19 vaccine at Miller School in Waldoboro, Maine.
In May 2023, J.H.'s parents Siara Harrington and Jeremiah Hogan, who said they did not consent to the vaccination, sued Lincoln Medical Partners, MaineHealth and pediatrician Dr. Andrew Russ.
The lawsuit, originally filed in Lincoln County Superior Court, challenged the PREP Act's liability shield. The complaint alleged battery, negligence, false imprisonment, infliction of emotional distress and tortious interference with parental rights.
In April 2024, the Maine Superior Court dismissed the lawsuit, finding that the PREP Act granted immunity to the defendants.
J.H.'s parents appealed to the Maine Supreme Judicial Court in August 2024, arguing that the PREP Act does not protect practitioners from liability in cases involving nonconsensual medical interventions.
The appeal also referenced the Project Bioshield Act of 2004, which states that people must have the "option to accept or refuse administration" of EUA products.