School vaccination from nurse
A nurse loads a syringe with a vaccine against hepatitis at a free immunization clinic for students before the start of the school year, in Lynwood, California Aug. 27, 2013. A Kentucky student is suing the state health department after he was barred from school for refusing to receive a chickenpox vaccine amid an outbreak of the disease at his high school. ROBYN BECK/AFP/Getty Images

Jerome Kunkel, 18, who was banned from Our lady of the Sacred Heart Assumption Academy for refusing chickenpox vaccination, has now contracted the virus. He took legal action after the school banned him for refusing vaccination during an outbreak.

Kunkel’s lawyer Christopher Weist told NBC News that teen developed the symptoms last week and hopes to recover by next week. Weist told the media that his client and family do not regret their decision to remain unvaccinated.

Kunkel denied vaccination due to his religious belief and sued the Northern Kentucky Health Department for banning unvaccinated students from the school. The ban came during an outbreak, which affected at least 32 students in the school.

Kunkel's lawsuit argued that his basic rights have been violated and the vaccine is “immoral, illegal and sinful.” The Northern Kentucky Health Department removed all unvaccinated students from classes and extracurricular activities until the outbreak could be contained. Kunkel, who plays basketball, sued the health department for not letting him play. However, a judge ruled in favour of the health department.

Weist confirmed to the media that Kunkel has chicken pox. “I flat out told the moms and dads the quickest path to resolving this is having them contract chickenpox,”he said, reported Fox 19 News. Weist also said that Kunkel would have got chickenpox if the health department had not intervened.

Chickenpox broke out at Our lady of the Sacred Heart Assumption Academy in March. The schools and its churches are affiliated to a branch of Roman Catholicism Society of St.Pious X, that rejects Vatican II reforms.

About 90 percent of the school's students have religious exemptions against vaccinations. But the exemption form warns that the health department can restrict students from attending classes in case of an outbreak.

Most people recover from chickenpox after few days but it can lead to serious complications in infants, pregnant women and people with weak immune system. Kunkel hopes to be back in class soon now that he got chickenpox.

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