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Author: Richard Jaffe

Still No Word From Cali. Judge Bernal on the Cell Surgical Network Case, But at this Point it Almost Doesn’t Matter

Still No Word From Cali. Judge Bernal on the Cell Surgical Network Case, But at this Point it Almost Doesn’t Matter

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The last entries in the court docket in the FDA’s injunction case against the Cell Surgical Network (“CSN”) and individual defendants (the late) Mark Berman and Eliot Lander were on November 5, 2021, and those mostly dealt with some belated substitution of counsel issues. Sooner or later, the decision will come out. Based on the summary judgment denial and the judge’s demeanor and comments in the trial, I thought that he might stay consistent with what he said in his…

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The Cali Medical Board is Investigating Docs for “Covid Misinformation” and the Docs Shouldn’t Take it!

The Cali Medical Board is Investigating Docs for “Covid Misinformation” and the Docs Shouldn’t Take it!

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I have written quite a few posts about Assembly Bill 2098, which was created to scare physicians from criticizing the conventional view about Covid 19 (i.e., the vaccines are completely safe and effective with virtually no risk of serious harm, off-label drugs for Covid like Ivermectin and HCQ are unproven and dangerous, and masks and lockdowns work). https://wp.me/p7pwQD-1it. The original bill would have made speaking challenging the conventional narrative a board-disciplinable offense. However, the original bill was modified and now…

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Do Covid Patients Have the Right to Take Non Standard of Care Treatments Like Ivermectin and HCQ?

Do Covid Patients Have the Right to Take Non Standard of Care Treatments Like Ivermectin and HCQ?

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A seemingly simple question is actually pretty complicated. Let me start with a few basic general principles of FDA drug and state law. First, after a drug is approved for marketing under an NDA (New Drug Application), the drug manufacturer can only advertise its FDA-approved labeled indication. However, as far as federal law goes, physicians can prescribe almost any drug for any purpose, (subject to state law standard of care issues which I will talk about in a bit). This…

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A little More on Cali. SB 276/714 Permanent Medical Exemptions

A little More on Cali. SB 276/714 Permanent Medical Exemptions

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I have written many, many posts on the status of the existing and future permanent all vaccine medical exemptions under SB 276/714 passed in 2019 and which went into full effect at the beginning of 2021. The net effect of the law was to close the ostensible loophole which according to SB 277’s sponsors, seemed to allow physicians some discretion to write some medical exemptions which were not based on the contraindications and precautions listed in the ACIP or Red…

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What’s Next for Cali. AB 2098, and What it Means for Docs if it passes

What’s Next for Cali. AB 2098, and What it Means for Docs if it passes

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Cali. AB 2098 has now passed the Assembly and is in the Senate for consideration. As a reminder, AB 2098 makes it a board disciplinable offense for physicians to spread “Covid misinformation” to their patients. I think you can assume that questioning the safety and efficacy of the Covid vaccines, and speaking positively about the off-label and conventional medicine rejected pharmaceutical Covid treatments (Ivermectin and HCQ) would also be considered by the Board to be Covid misinformation or disinformation. Questioning…

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More on Cali. AB 2098 and what it means for Docs and their patients

More on Cali. AB 2098 and what it means for Docs and their patients

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If you are following AB 2098 (the California Assembly’s bill geared at stopping the spread of COVID-19 “misinformation” by physicians), as expected, the bill was approved by the Appropriations Committee. That committee basically deals with the financial impact of bills. On a public health-during the pandemic matter, the financial impact is not much of a factor, not at least on a bill like this which is only targeted against a very, very small number of people, i.e., physicians. Though indirectly,…

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Sad Update on the Cell Surgical Network Stem Cell Case and its Implications: RIP Dr. Mark Berman

Sad Update on the Cell Surgical Network Stem Cell Case and its Implications: RIP Dr. Mark Berman

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Yesterday, one of the people following this blog shared a story that had just hit the papers in California: Mark Berman, MD, the co-founder of Cell Surgical Network has died. It was a little strange because the story was that Berman had died in mid-April, but that the family hadn’t previously made a public announcement. The cause of death was Covid. He apparently contracted it in January and had stopped seeing patients. Does this have any effect on the FDA’s…

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My Analysis and Opposition to AB 2098 to the Assembly Appropriations Committee

My Analysis and Opposition to AB 2098 to the Assembly Appropriations Committee

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For what it’s worth: Here is my letter to the appropriations committee which will be hearing AB 2098, which the bill which tries to sanction California physicians from promoting so-called “covid misinformation.” It seems like a big mess and a waste of time now. “April 29, 2022 To: California Assembly Committee on Appropriations Re: AB 2098, Opposition and Proposed Amendment Dear Committee Members: I am a healthcare attorney with substantial experience in medical board work in California and throughout the…

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What exactly are the ACIP and Red Book Guidelines?

What exactly are the ACIP and Red Book Guidelines?

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I throw around the terms ACIP and Red Book Guidelines a lot, so I thought it would be useful to explain them and attach the relevant document. The CDC’s advisory committee on immunization practices (“ACIP”) puts out its “best practices” for immunization (read vaccine) administration. The members of the committee are the most (conventionally) recognized members of the infectious disease, epidemiology, and public health community. The most important parts and the quickest way to get a handle on the document…

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Stoller SB 277 Petition for Review Denied

Stoller SB 277 Petition for Review Denied

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For those families who had a revoked medical exemptions written by Ken Stoller and were hoping for some kind of relief/miracle from the California Supreme Court with our petition for review, regrettably, that’s not going to happen. The Supreme Court denied the petition for review. As is usually the case, there was no opinion or explanation. FYI: There is basically no appeal as of right to the Cali Supreme Court for writ/civil cases. It has discretionary review powers which it…

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