Judge Grants Statewide Class Action Status in Raleigh County Vaccine Exemption Suit

An ongoing lawsuit over exemptions to the state’s school vaccine requirements in Raleigh County has expanded its scope statewide. 

In September attorneys filed a motion to the Raleigh County Circuit Court to include everyone  seeking a religious exemption to school vaccine requirements into a single legal class or entity.

Wednesday Judge Michael Froble granted class action status, meaning his ruling will affect the more than 500 people who have obtained exemption certificates from the Department of Health. According to those present in the courtroom, Froble argued that the creation of a class action would prevent each recipient of an exemption from filing their own lawsuits all over the state.

Froble also ruled Wednesday that the court would not distinguish between those seeking religious, philosophical or conscientious exemptions. 

Separate suits in Kanawha and Berkeley Counties are still moving forward on different legal grounds. 

Froble said he would issue a final ruling by the end of November, but the state Supreme Court of Appeals will likely take up the issue next year.