Today, Dr. Kenneth Stoller filed a lawsuit against the San Francisco City Attorney Dennis Herrera for abuse of power and abuse of process due to the City Attorney’s illegal attempt to obtain the medical records and genetic information of Dr. Stoller’s vaccine exemption patients.
The City Attorney’s subpoena is illegal under state and federal law and represents an attempt to circumvent federal and state constitutional privacy and other protective laws that prevent “government snooping” regarding protected genetic information. There are currently no protections in place that would prevent the City Attorney from sharing patient records with other state agencies or departments or to allow for the triangulation of medical and genetic data to remove the confidentiality of the records.
“The City Attorney and other state officials are essentially suggesting politicians should practice medicine without a license,” said Dr. Stoller’s attorney Richard Jaffe. “The City Attorney’s subpoena for patient medical records and genetic information for a purported public nuisance investigation is aimed to gin up support for SB 276 and is dangerous to everyone’s right to privacy, not just Dr. Stoller’s patients.”
The lawsuit links the City Attorney’s subpoena for medical records to a politically-motivated action designed to support proposed legislation SB 276, authored by State Senator Richard Pan. SB 276 would remove medical vaccine exemption decision making from physicians and place it in the hands of state or local public health officials. Under this bill, an important medical decision would be made by state or local government employees who have never met or spoken to the patient or family.
The Stoller lawsuit alleges that City Attorney’s attempt to get the medical records of Dr. Stoller’s patients is arbitrary, given that recent measles outbreaks did not originate in bulk from unvaccinated school age children. Of the 38 reported measles cases reported in the San Francisco Bay area so far in 2019, 28 were in adults who contracted the disease while traveling abroad. Of the 10 children, it is likely that a significant percentage may have contracted measles symptoms from the vaccine, or got it despite being vaccinated. The City Attorney’s nuisance suit could (perhaps inadvertently) establish a legal precedent to prosecute adults who are un- or under-vaccinated as well. A vast majority of Americans are considered under-vaccinated under CDC standards. For example, only 9 percent of Americans are vaccinated against Hepatitis A and many ‘baby boomers’ are unvaccinated for measles. The City Attorney’s actions set a dangerous precedent.
This lawsuit against the City Attorney seeks to prove that if there is a public nuisance, the vector or cause is not the medically vaccine exempt children. Dr. Stoller has come under attack for advocating for the legal rights of the families of vaccine injured children to obtain an exemption based on considerations beyond CDC guidelines as a state protected right to receive medical care and advice different from the conventional medical majority view. The doctor’s practice is consistent with currently legal guidelines established by SB277 which explicitly provides that a medical exemption letter can be written by a licensed physician whose medical judgement and sound discretion warrants that vaccination is not safe given the medical conditions of the patient.
Here is the updated complaint
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For Further Information:
Rick Jaffe, Esq.
916-492-6038 (California office number)