(CINCINNATI ENQUIRER) – The Northern Ky. high school student who went to court over restrictions due to not being vaccinated for chickenpox, has come down with the disease.

The Cincinnati Enquirer reports that Jerome Kunkel, 18, got sick with chickenpox last week. This follows legal troubles after the Northern Kentucky health department issued its order to control an outbreak at two small parochial schools in Boone County.

His family filed a lawsuit against the health department after students without proof of vaccination or proof of immunity against the infection were banned from school for 21 days following an outbreak.

Kunkel is a student at Assumption Academy in Walton, Ky. Many parochial students in the area have religious exemptions from the vaccine.

His attorney says Kunkel is fine, albeit a little itchy.

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