Northern Kentucky Teen Sues Health Department Over Chickenpox Vaccination Directive

An 18-year-old student at Assumption Academy in Walton filed the lawsuit because he opposes the chickenpox vaccine on religious grounds.

Chickepox blister. Photo by Rozmiar pierwotny, Wikimedia Commons.

(Boone County, Ky.) - The Northern Kentucky Health Department is being sued by a student because he opposes the chickenpox vaccination on religious grounds.

Assumption Academy senior student and basketball player Jerome Kunkel sued the NKY Health Department in Boone County court last week. He alleges his freedom of religion and other rights were violated when the health department ordered students without the vaccine to not attend school or participate in extracurricular activities.

The school in Walton has seen 32 cases of chickenpox in a student population of only about 100. The health department issued instructions on March 14 that students without proof of the chickenpox vaccine or immunity against it should not attend school until three weeks after the last case of chickenpox at the school.

But, the 18-year-old Kunkel says he opposes the chickenpox vaccine on religious grounds because it is “derived from aborted fetal cells,” which he views as “immoral, illegal, and sinful.”

The health department defends its actions as required by statute to protect public health:

The department issued statements last week in response to the lawsuit and the news headlines it has generated:

NKY Health Statement: March 16, 2019

As has been reported in the news, a lawsuit has been filed against the Northern Kentucky Health Department and its employees, as well as other State health officials, arising from the actions taken in response to the outbreak of the highly contagious disease varicella (chickenpox) at Assumption Academy. Unfortunately, some individuals, including the attorney who filed the lawsuit, have taken to social media to spread misinformation as part of their litigation strategy. It is unfortunate when social media is used as a weapon for misinformation to advance litigation agendas and to undermine our mission to protect public health. In order to clear up any confusion caused by these self-interested and inaccurate social media posts, we are sharing with the public the actual letters which were sent by the Health Department to the parents and staff at Assumption Academy.

NKY Health Statement: March 15, 2019

We are aware of the lawsuit filed by Jerome Kunkel, and want to state that the actions taken by the Health Department with respect to Assumption Academy were done consistent with this agency’s statutory charge to protect the public health.

Chickenpox, also known as varicella, can be a very serious illness that is especially dangerous for infants and pregnant women or anyone who has a weakened immune system. The recent actions taken by the Northern Kentucky Health Department regarding the chickenpox outbreak at Our Lady of the Sacred Heart/Assumption Academy was in direct response to a public health threat and was an appropriate and necessary response to prevent further spread of this contagious illness.