Updates on

Oct. 7 Update on the Ken Stoller Lawsuit: We're still in the game!
Update posted by Rick Jaffe Esq On Oct 07

Today, the San Francisco Superior Court, Law and Motion judge signed an order allowing us to file our second amended complaint, which added a parent of a medical exempt child who is an unwilling part of the medical board's administrative action against Dr. Stoller, and whose medical exemption was not honored by the child's school. The new second amended complaint also brings in the Immunization Policy Section head as a defendant.

But we're not out of the woods yet. All the defendants are expected to file a motion to dismiss the case on a variety of substantive grounds in the near future, and that is where the next battle will be.

HOWEVER, we have are receiving more and more reports of schools refusing to honor valid medical exemptions. We also understand that the the schools are releasing state and federal privacy protected school records to the media and third parties who are forwarding the information as complaints so that the medical board can investigate all the doctors who are writing legal SB 277 medical exemptions broader than CDC guidelines. It is possible that this information may require us to further amend the complaint to challenge this now widespread concerted illegal activity.

If this action really is concerted and coordinated as we suspect, there should be a recently created smoking gun out there instructing schools to challenge these medical exemptions and suggesting the vehicle by which these exemptions can be turned into complaints with the medical board. That would be Exhibit "A" attached or quoted in the next complaint against the current defendants and new defendants most like one or more school officials.

So, if there is a recently created/documented smoking gun, it sure would be nice to see it.

Stay Tuned!

Rick Jaffe

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