Unvaccinated student who sued health department contracts chicken pox

High school basketball star Jerome Kunkel lost his lawsuit in Kentucky and almost two months of school but is back in class and no longer contagious.
1:19 | 05/08/19

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Transcript for Unvaccinated student who sued health department contracts chicken pox
Amid the measles scare and the push to get kids vaccinated, tonight, the student who did not want to get vaccinated for chickenpox, he sued to go back to school, his attorneys have revealed he has come down with the chickenpox. Here's ABC's gio Benitez. Reporter: He's the high school basketball star from Kentucky who sued his local health department because it wouldn't let him go to school without the chickenpox vaccine. But tonight, senior Jerome Kunkel revealing he wound up with the chickenpox after all. The 18-year-old refusing to get vaccinated after an outbreak of more than 30 cases at his catholic school. As a catholic, we believe that, you know, abortion is wrong, morally wrong. And since the vaccine's derived from aborted fetal cells, that obviously goes directly against that. Reporter: The vaccine can be traced back to the use of cells from two aborted fetuses from the 1960s, but even the Vatican has decided that it's morally acceptable for catholics to get them because they protect children. In the end, Kunkel lost his lawsuit and almost two months of school, but now went back to class this week. His family saying he is no longer contagious. And David, tonight, kunningle's lawyer telling us he did not intentionally contract the disease to get immunity, but believes he got the chickenpox while serving mass. David? Gio, thank you.

This transcript has been automatically generated and may not be 100% accurate.

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