Written by Lindsey Burnworth
Last updated on November 08, 2012 @ 8:11PM
Created on November 08, 2012 @ 5:33PM
An immunization battle in Randolph County is not over yet.
Pickens School senior, Olivia Hudok refused to get required T-Dap and MCV 4 vaccines.
On Thursday, the case was back in court, but if you were looking for a decision, you didn't get one.
The Randolph County Board of Education was seeking a dismissal of the case, but the judge decided to again wait until a decision's made in a Kanawha County appeal case before going forward here.
If you don't remember, Hudok claims she should get religious exemption, and not have to get the vaccines.
The problem is, our state is one of only two that doesn't accept that excuse.
The case was heard in Randolph County a few weeks ago, but the judge wanted to wait until a decision was made in the state's capitol.
The original case in Kanawha County was thrown out, but an appeal's been filed.
That's why the judge decided to continue the case again.
That means Hudok can't go back to the Pickens School right now, but she'll at least continue on the home bound instruction until a decision is finally made.
"We're glad, we're happy that Judge Wilfong ruled as she did. We believe we're doing what's right and in the end, justice will prevail. We're cautiously optimistic," said Phil Hudok, Olivia's father.
Stay with 5 News for all the latest updates.
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