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Friday, December 3, 2021

Kansas mom sues Walmart for alleged COVID-19 vaccine for daughter without consent

Robert A. Cronkleton
From the star of Kansas City

According to court documents, a mother in Olata, Kansas, has sued Walmart over her 15-year-old daughter’s alleged COVID-19 vaccine without parental consent.

Michelle Tonkinson filed a lawsuit in Johnson County District Court Thursday against Walmart Inc. and an unknown pharmacist.

A Walmart spokesperson said the company is committed to offering quality healthcare services that meet the requirements.

“We take such allegations seriously,” said Abby Williams, senior corporate communications manager at Walmart. “We will consider the claims and, if necessary, will respond to the court as soon as we serve them.”

On September 10, Tonkinson’s daughter, along with her 21-year-old son-in-law, went to Walmart at 13600 S. Alden Street in Olata to receive the COVID-19 vaccine.

The two went to the pharmacy counter and said that the teenager wants to make the vaccine on his own and without parental consent. The pharmacist initially said she could get the vaccine. But for the paperwork, you must indicate the name and signature of the parent or legal guardian, according to the claim.

After seeing that this field was left blank, a Walmart employee asked her son-in-law, 18 years old. He replied in the affirmative, but cannot sign up as a parent or legal guardian.

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During the conversation, Tonkinson’s daughter is believed to have been vaccinated by a pharmacist and given a vaccine card.

Tonkinson claims she was available if Walmart tried to contact her to determine if she gave her consent to vaccinate her daughter, but Walmart did not.

Tonkinson also said Kansas law requires parental consent for most medical decisions, including vaccinations, because minors, like her daughter, do not have the necessary capacity to make medical decisions.

What’s more, Kansas law requires minors to have written, notarized consent and the presence of a parent or legal guardian to receive a piercing or tattoo, she argues.

Despite asking Walmart for her daughter’s medical records, Tonkinson claims Walmart refuses to provide them. She also claims that Walmart tried to hide his behavior and the fact that her daughter was vaccinated against her.

She is suing Walmart for privacy invasion, battery, and negligence. Tonkinson is seeking damages in excess of $ 75,000.

© 2021 Kansas City Star. Visit kansascity.com. Distributed by Tribune Content Agency, LLC.

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