An unvaccinated northern Kentucky high school student who sued after being told he couldn't play basketball because he didn't have a chicken pox vaccine, has come down with the chicken pox.

Back in January, Kunkel sued the health department in Boone County Circuit Court when he wasn’t allowed to play basketball because he didn’t get the chicken pox vaccination for religious reasons.

Kunkel claimed the vaccine is against his beliefs because he believes it’s “derived from aborted fetal cells,” and calls that “immoral, illegal, and sinful.” His attorney, Christopher Wiest, claimed Kunkel was discriminated against and ‘targeted’ because of his religious beliefs.

In April, a judge ruled against Kunkel, and in favor of the Northern Kentucky Health Department.

According to FOX19, Kunkel isn't Wiest's only anti-vaccination client who has come down with the disease. “About half my clients have come down with it since we filed the case. … I flat-out told the moms and dads the quickest path to resolving this is having them contract chickenpox.”

Kunkel has appealed his case.