An outbreak of 32 cases of the chickenpox at Our Lady of the Sacred Heart, an elementary school, and Assumption Academy, a high school, had prompted the health department to ban all students without proof of immunity from the school for 21 days.
Kunkel claimed the vaccine is against his beliefs because he believes it's "derived from aborted fetal cells", and calls that "immoral, illegal, and sinful".
The student had opposed the vaccine on religious grounds. "It's always going to pose a moral issue", Kunkel told WCPO in April. Last month, a judge ruled against the teen, and in favor of the Northern Kentucky Health Department.
Kunkel and two dozen other students who were banned appealed the ban and lost.
"For the health department to say we have to get vaccines in order to go to school, that's infringing upon my First Amendment right", Kunkel told CBS affiliate WKRC.
"Recent news articles reporting statements by Chris Wiest, the plaintiffs' attorney, downplaying the dangers of the chickenpox virus are alarming and disappointing". When introduced in an unvaccinated population, the virus can rapidly spread, causing serious, even deadly consequences, to people who are particularly at risk, such as infants, adolescents, pregnant women, and adults and children with weakened immune systems, including those receiving cancer treatment. The department said people who contract chickenpox can expose others to the virus before the disease becomes apparent.
A U.S. teen who was suing his school after they banned him for refusing the chickenpox vaccination has now caught chickenpox. "Our first concern is always protection of the public health and implementing reasonable, medically-approved control measures that are created to safeguard our region's population, including those who are most vulnerable to the threat of infectious disease".