To anyone interested in the vaccine issue, freedom of choice or the thing called the First Amendment
Rick Jaffe, Esq. here. I represent Dr. Ken Stoller, who many of you know received a subpoena from the San Francisco City Attorney for all his medical records for all vaccine exemptions he has written on May 8, 2019.
I started a gofundme campaign on Friday evening May, 10th. Earlier today, Wednesday May 15th, gofundmesometimes informed me that the campaign was terminated for unspecified violations of terms and condition, read it dealt with a vaccine issue and wasn't rabidly pro vaccine. Gofundmesometimes said it will be forwarding the received contributions.
So I set up this campaign on this web site. If you have contributed to the gofundme campaign, please don't reverse it, as I don't want them to use it as a pretext for not forwarding the collected funds.
To recap: The San Francisco City Attorney's office is trying to get Dr. Stoller's patient medical records of his vaccine exemption patients.
The City’s Attorney’s action has
been widely publicized in the California press and TV media, and
and nationally, so far in the Wall Street Journal and the Daily Beast.
Here is the LA Times about the
I haven’t found a single direct precedent for a government agency using a public nuisance theory on which to base an investigation seeking medical records for a possible public nuisance violation. I have seen a legal professor advocate using public nuisance as a basis to directly challenge families with PBEs/religious exemptions, but that hasn’t turned into a case, so far as I can tell. Maybe the City Attorney thinks going after a physician is an easier target.
If they get away with this in San Francisco, expect other cities to try the same trick.
Finally, to families who received medical exemptions from Dr. Stoller, no action complying with the subpoena for medical records will be taken without first informing you of a decision to comply with the subpoena, if that’s what happens. Despite the fact that the subpoena seeks the redaction of personal identifying information, there are still California constitutional privacy issues affecting the patients, which will be discussed at a different time and place. It is possible that some of these families may come forward publicly in some protected forum.
About this Campaign:
Me, Rick Jaffe, Esq. is the organizer of this legal defense fund for the benefit of Dr. Kenneth Stoller to pay for his legal defense for this and such other cases arising from his issuing medical exemptions under SB 277.
All funds will be held in an attorneys IOLTA trust account and disbursed upon bills approved by Dr. Stoller.
I have been a health care litigator for thirty plus years. I am a member of the bar in California, Texas and New York and have offices in Sacramento, New York City and Houston. I am a graduate of Columbia Law School, was a member of the Columbia Law Review and a Stone Scholar, and the Hebrew University of Jerusalem, graduating with Honors and with a prize for academic excellence. I have written one book (so far), Galileo's Lawyer and have an active health care blog on a variety of issues at www.rickjaffe.com
Wish us luck (and prayers humbly accepted also).
Rick Jaffe, Esq.
attorney for Dr. Kenneth Stoller