We took the first available hearing date for the actual hearing on Ken’s Stoller’s writ of administrative mandate, and the hearing will be on Friday, July 23rd at 10:00 AM. Usually, on these final writ decisions, the judge will issue a tentative decision, the day before the hearing, the loser gets to try to convince the judge why he’s wrong. The judge did issue a new decision on the stay but he didn’t change his mind. Here is the final…
We had the hearing in Ken Stoller’s stay application which started a few minutes late. I don’t think any of you saw it because the instructions changed. It was held in zoom department 1 and not department 17 which is the judge’s regular part. It was a very spirited discussion between me and the judge. He is a very smart fellow but conventional and believes he has a very limited role of review on these administrative mandates. I started by…
Previously, the judge indicated that he would not be issuing a “tentative decision” on Ken Stoller’s Request for a Stay of the Board’s Revocation Order, but we received word earlier today that he changed his mind and would issue one in advance of the scheduled 3:45 PM hearing. We just received it. He denied the request for the stay because he thinks the Board decision seems to be correct, (or in technical terms, we failed to convince him that we…
Per the previous post, Ken Stoller’s request for a stay of the Medical Board’s revocation order will be heard by the Hon. James P. Arguelles on Wednesday at 3:45 PM. Here is the info and link to the Zoom hearing. “If you would like to view the hearings without needing to speak on the record, they are open to the public on the Sacramento Superior Court YouTube channel for Department 17. This channel will be active only when matters are…
We filed our appeal papers with the Sacramento Superior Court late last week (technically, a writ of administrative mandate). Yesterday, we received notice that the hearing on our application for a stay of the Board’s revocation order will take place on March 17th at 3:45 PM via zoom. It will be watchable by the public. I will post details about how to watch it next week. These writ cases are heard by judges who only hear writ cases which usually…
There has been much social media chatter about some Harvard Pilgrim study and how it found that vaccine adverse events and deaths are underreported by a factor of 100. As a litigator in the vaccine field, this is something I have come across and have used, so I thought it might be helpful to some readers to post the study, and maybe clear-up some misimpressions in circulation. So, here is the study: r18hs017045-lazarus-final-report-2011(6) For those who just want the highlights…
In an order dated February 16th, the Medical Board of California ordered the revocation of Ken Stoller’s medical license for writing 10 medical exemptions that did not comply with ACIP guidelines, and also for not requesting prior medical records for the patients, and using genetic testing information which was not considered scientifically proven. The order goes into effect on March 18, 2021. We will, of course, appeal (technically called a writ of administrative mandate), most likely by the end of…
Two years ago, I wrote what I thought was a straight-up and neutral post saying that the Supreme Court never held that vaccines are “unavoidably unsafe.” Here is that post and my in the weeds explanation of what the Supreme Court actually said and did in that case. https://rickjaffeesq.com/2019/02/16/to-my-vaccine-concerned-friends-stop-saying-that-the-supreme-court-decided-that-vaccines-are-unavoidably-unsafe-it-didnt/ The bottom line is that there is no majority or plurality opinion or decision which held that “vaccines are unavoidably unsafe.” This is just my analysis of a Supreme Court case….
Earlier the week, it was widely reported that the feds indicted a woman operating a couple of regenerative medicine clinics for all kinds of fraudulent and illegal conduct. Here is an article about it. fraudindictmentarticle If you want to go deeper, here is the indictment. derges_indictment_0 It seems like she was way off the reservation for many reasons. First and foremost, she did what I think is the riskiest thing for any health care practitioner to do, namely promote an…
Although the Pacer docket does not reflect it yet, I have heard from a client who is in communications with one of the parties that the FDA’s case against the Cell Surgical Network and Drs. Berman and Lander has been adjourned again, this time until early May. I have lost count of how many times it has been adjourned, but it’s been at least three and maybe four or even 5 times. It is certainly starting to look like the…