Today, the court granted the Medical Board’s Demurrer and dismissed the complaint against it. It was not entirely unexpected, per my previous update.
The basis of the decision is that since the Board now has an administrative action against Dr. Stoller, the issues raised in the civil suit should be initially addressed in the administrative proceeding. The decision is consistent with basically all prior attempts to pursue a civil lawsuit against an administrative agency during the pendancy of an administrative action. We initially added the Board to our lawsuit against the San Francisco City Attorney before the Board filed charges against Dr. Stoller, but once it filed the administrative case, the “failure to exhaust administrative remedies” doctrine applied, according to the court and precedent.
In addition, the courts are not anxious to become involved in the vaccine and medical exemption issue, unless there is no choice, and in this case, the court had a choice.
We do not intend to appeal the decision, and will focus on the upcoming board administrative case. Stay tuned for an announcement about that case.
Although it would have been nice and interesting to be able to pursue a civil case against the Board, we did originally file this case to stop the San Francisco City Attorney’s office from obtaining Dr. Stoller’s medical records of the patients for whom he wrote medical exemptions. So while the case is over, the medical records were never turned over to the City and the patients’ privacy rights were protected. That is plenty good in these difficult times.
Rick Jaffe, Esq.