An update on a northern kentucky high school student who sued after he couldn't participate in school activities, because he wasn't vaccinated for the chickenpox.

According to his lawyer..

18-year-old jerome kunkel now has chicken pox himself.

His lawyer says kunkel came down with it last week.

As we reported earlier this year, because he wasn't vaccinated..

Kunkel wasn't allowed to participate in school activities during an outbreak at our lady of the assumption church school in walton.

Kunkel sued the northern kentucky health department, claiming getting the chicken pox vaccine was against his religious beliefs.

A judge ruled in favor of the health deparment last month.

Free money