Updates on Dr. Ken Stoller Medical Board Legal Defense Fund

Supplemental Brief Filed in Ken Stoller's Appeal (Writ of Administrative Mandate)
Update posted by Rick Jaffe Esq On Jun 08

We filed our supplemental memorandum yesterday in support of our attempt to overturn the medical board's license revocation order against Dr. Stoller. As a result of this order, hundreds of the families of the children for whom he wrote medical exemptions have received letters from their schools indicating that their medical exemptions will not be accepted in the fall due to the licensing action against him. I received many emails and voice messages from Dr. Stoller's patients wanting to know what can be done. Right now when I am doing is trying to get the board's order overturned. If the judge does overturn the order, then I think a letter to the schools with a copy of the judge's decision should be enough for the schools to rescind their rejection of Dr. Stoller's medical exemptions. Admittedly, it is a steep hill to climb because the judge has already indicated that he agrees with the board in a preliminary round. However, we did not have really any opportunity to explain carefully and in writing why the judge's reasoning was wrong. Now we have and now we did. I think we made a very compelling argument. Do you know for example that cosponsor Sen. Ben Allen told the members of the assembly health committee that physicians could write medical exemptions far broader than the CDC's guidelines and that as a result the CDC and the pediatric associations would be "apoplectic" with how broad and how much discretion California physicians had to go beyond the guidelines. I have to believe that somewhere some judge is going to order a retrial on the case so that the board can explain rationally why what Dr. Stoler did was not consistent with the statutory standard of care created by SB 277. I am hoping that it will be this judge you will do so, but if not we will take it to a higher court.

Here is the link to my post with the memo attached (I don't seem to be able to post PDFs directly here).

https://rickjaffeesq.com/2021/06/08/supplemental-m...

Judge for yourselves

Fingers crossed.

Rick Jaffe



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