Student Speaks Out After Judge Rules In School's Chuck During Outbreak Chickenpox

In Kentucky student who sued the health department for their decision to go back to school.

Jerome Kunkel, 18, a student at Our Lady of the Sacred Heart Assumption Academy, reported to the Northern Kentucky Health Department after he was not permitted to play basketball at school because he had not received the Varicella Virus vaccination, reported Fox 19.

Kunkel said that the vaccine is going to be controversial because it believes the vaccine is derived from aborted fetal cells. But this has been challenged by some organizations.

The health department announces its decision on the subject of schooling in the schools of the United States. The school is experiencing an outbreak of 32 cases of chickenpox, according to to a department statement. The ban started after the "onset of rash for the last ill student or staff member."

Kunkel, who is a senior at the school, said he was at the school.

On April 2, a judge ruled in favor of the Northern Kentucky Health Department. The judge rejected many of the 18-year-old's claims and said that one of his parents had been vaccinated on the subject of vaccination. disease, reported CNN-wire.

Kunkel and his lawyer Chris Wiest told Fox 19 They are planning to appeal to the Judge's decision, they believe it was unfair that the burden of proof was on the Kunkel instead of the health department.

"I'm definitely devastated by the judge's ruling. It does not seem logical to me, "the 18-year-old student said.

"What the health department is in play is not stopping the spread of chicken pox. We're still going to church together, we're still doing everything together. "After Sunday we get together and play a game of pickup with other kids," he added.

It is believed that he believes in the return-to-school date, which he says would impact whether Kunkel would be able to graduate to the spring. Kunkel, however, is still completing his schoolwork and testing by dropping off and picking up homework from school and attending teacher's houses to complete tests.

The school has not commented on whether or not it would be graduation, reported the news station.

Moreover, Kunkel said he was interested in being scouted to play basketball in college, as he was not able to participate in the all-star game for his high school.

"My other cousin, who was voted into the all-star, just went down to practice at college because he was scouted at that playoff game … and I have not been able to do that," Kunkel said.

In response to the court's ruling, the health department said it was pleased. It said in a statement, "The Court's ruling … underscores the need for public health."

In a similar case in 2013, a 5-year-old girl was banned from attending school because she had not been vaccinated against chickenpox-something. The doctor was concerned that the live virus in the vaccine would endanger the life of the girl's baby sister, who may have inherited her mother's immunodeficiency disease, reported NBC News.

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