Under SB 277, a physician is permitted to issue a medical exemption
if she determines that immunization “is not considered safe” for the
patient. I confess to perhaps naively thinking that we could defend the
Board’s case against Dr. Sutton by showing why she did not consider
immunization safe in the 8 patients involved in the Medical Board’s
accusation against her. To that end, we are offering a great deal of
evidence in the form of an expert report from Jac Weiler on the problems (many of them) with the vaccine studies. I shared his report previously on my web page post accompanying this update. We also received an expert report from a world class PhD immunologist who reviewed the immunological issues facing each of the 8 patients.
As I predicted in a prior update, the Board is moving to strike Jack Weiler and our PhD immunologist (Mahin Khatami) from testifying and broadly argues that vaccine safety is not an issue in the case since it is already proven in the ACIP Guidelines, and this case should not be a public referendum on vaccine safety.
The board is literally arguing that vaccine safety evidence and data is irrelevant to any legitimate issue in the case.
The board’s view is that the only issue in the case is whether the medical exemptions issued by Kelly complied with ACIP Guidelines. If they didn’t, then the Board claims the case is over because actual evidence of vaccine safety should not even be admissible since it is not relevant, even though SB 277 specifically states that a physician’s decision for exemption should be based on a determination of immunization safety for the patient. That’s really what the board is saying!
In addition, the Board is trying to stop the parents of the two families we have listed as witnesses from testifying about their current condition, which is much much better now that they are unvaccinated. Apparently, thriving kids and kids on the mend from prior vaccine injury is not relevant, according the Board, in this case.
I would expect that there will be a hearing on the Board's motion later this week.
The motion in limine and our opposition will be posted on my web site soon. Check them out and see what you think