LOKEN, Circuit Judge.
Dunbar Elementary School in St. Louis administered the H1-N1 vaccine to students at the school in December 2009. B.A.B., a fifth grade student, was given an H1-N1 shot by Nurse Lula Franklin despite telling Franklin, and presenting a signed parental form confirming, that his mother, Kinyata Allen, did not consent to the vaccination. B.A.B. and his mother commenced this action in state court against the St. Louis Board of Education ("the Board...
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