PENN YAN, N.Y. (AP) — Parents who say their child has severe reactions to vaccines have sued to allow the boy to attend school without the typically required shots and hope to overturn New York regulations that limited medical exemptions to vaccines.
Thorn Schwartz, 11, has autism, and his mother, Kerri Schwartz, says she worries her son’s body can’t handle vaccination, WHEC-TV reported. A lawyer for the Schwartzes will argue their case in court Friday.
According to the family, Thorn has had a longstanding exemption to vaccinations.
But that exemption was called into question when the state issued emergency regulations last year in response to a measles outbreak. The regulations eliminated religious exceptions for vaccines and clamped down on medical exemptions.
Judge Daniel Doyle granted a temporary restraining order against the district that allows Thorn to return to school Feb. 1. The Yates County family wants to make this permanent.
According to NBC affiliate WHEC-TV, the family is asking in its lawsuit that the judge strike down the emergency regulations. The family notes a recent ruling in Blasdell, New York, that allowed a student to return to school after his medical exemption was denied.