Suit against school vaccines thrown out

A judge has dismissed a lawsuit over new vaccine requirements at schools. The suit had argued the Department of Health and Human Resources couldn't require the vaccines without the approval of the legislature, but the Kanawha Circuit said in his decision that the immunization rule is consistent with state code and does not exceed the Legislature's limits on interpretive rules. An appeal is expected. The new state code requires students entering school for the first time to be immunized against diphtheria, polio, rubeola, tetanus and pertussis, or whooping cough. Incoming seventh-graders and 12th-graders have to show proof they have received one dose of vaccines against meningitis, tetanus, diphtheria and pertussis. Incoming 12th-graders must show proof they received booster doses after age 16.