The Vermont Supreme Court has upheld a decision that absolves the Windham Southeast School District and the Vermont Department of Health from being sued by a family. This ruling comes after the family’s child was vaccinated against COVID-19 at a school-run clinic, contrary to the explicit wishes of the parents communicated to the school ahead of the clinic.
The incident, which dates back to November 2021, involved a 6-year-old referred to as L.P. in judicial documents who received a Pfizer vaccine dose after being mistakenly identified due to a mix-up with nametags.
Despite L.P.’s protests, citing the father’s refusal for the vaccine, the clinic proceeded with the vaccination. The error was soon recognized, prompting the district to reach out to the family with an apology, which was ultimately rejected as the child was withdrawn from the school.
Superintendent Mark Speno of the Windham Southeast School District publicly acknowledged the mistake, expressing regret and outlining steps taken to prevent future errors, albeit noting that the mishap did not result in harm to the child.
The family subsequently filed a lawsuit in September 2022, which was dismissed by the state’s apex court. The dismissal was based on the Federal Public Readiness and Emergency Preparedness Act (PREP Act), granting immunity from lawsuits to the defendants under this federal law.
The court’s judgement underscored the comprehensive protection offered by the PREP Act to the defendants, rendering any state-law based claims against them null and void as a matter of law, thereby blocking the family’s lawsuit from moving forward.
