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Noon: Lawsuit challenging W.Va. vaccine rule dismissed

October 17, 2012
By PAM RAMSEY , The Associated Press

CHARLESTON (AP) - A Kanawha County judge has dismissed a lawsuit that claimed new vaccination requirements for schoolchildren are illegal.

Circuit Judge Tod Kaufman says in a ruling issued today that the Department of Health and Human Resources' rule is consistent with state law and doesn't exceed the Legislature's limits on interpretive rules.

Delegate Patrick Lane filed the lawsuit on behalf of six families. The lawsuit argued that the DHHR can't require additional vaccines without the Legislature's approval.

Lane didn't immediately return a telephone message Wednesday.

A Pickens School student and her father filed a complaint in Randolph County Circuit Court that also dealt with the new vaccine requirement. The student has been barred from the classroom over her refusal to get mandatory immunizations.

Circuit Judge Jaymie Godwin Wilfong ruled Sept. 28 that the Randolph County School System provide home-bound educational services to the student until there is a final resolution in Kanawha County Circuit Court.

Copyright 2012 The Associated Press.



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