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California Physician Alert: Be Very Careful About What you Say About Covid to New/Prospective Patients

California Physician Alert: Be Very Careful About What you Say About Covid to New/Prospective Patients

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As you all know, AB 2098 is, for now, the law of the land in California. Hopefully it won’t be after our preliminary injunction hearing on Monday. I think all physicians should assume that the Cali boards (medical and osteopathic) will try to enforce the law. But there is problem: How are they going to find out who is spreading “Covid misinformation” to their patient? My guess or assumption is that current patients aren’t going to be the ones complaining….

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The Downside which California Parents face who Submit Permanant All-Vaccine Medical Exemptions under the New Vaccine Medical Exemption Law

The Downside which California Parents face who Submit Permanant All-Vaccine Medical Exemptions under the New Vaccine Medical Exemption Law

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I have received many frantic communications from parents who had a physician submit to the CAIR (California Immunization Registry) a permanent medical exemption for all vaccines because of some medical condition or a prior serious adverse reaction to one of the vaccines. The stories are pretty much the same. The child goes to school after the ME applicaiton is submitted on-line. The ME is eventually rejected. The child stays in school because the parents appeal the denial. Eventually, the Department…

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Paperwork All Filed in our Challenge to AB 2098; Next Up, the Preliminary Injunction Hearing on January 23rd

Paperwork All Filed in our Challenge to AB 2098; Next Up, the Preliminary Injunction Hearing on January 23rd

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I just filed our reply on our preliminary injunction motion. Here it is: Hoang Final Repyfilingcopy I think you will like it. Here are the Attorney General’s response papers to our motion for a preliminary injunction. Our reply responds to these papers. response calderondeclaration limdeclaration requestjudicialnotice Since the elephant that will be in the courtroom on the 23rd will be Judge Slaughter’s decision in the McDonald case denying a preliminary injunction enjoining AB 2098 (now Section 2270 of the Business…

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Must See CHD TV on AB 2098

Must See CHD TV on AB 2098

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Here is the link to the legal update on CHD’s and PIC’s lawsuit against AB 2098. https://live.childrenshealthdefense.org/chd-tv/shows/good-morning-chd/chd-federal-lawsuit-over-ca-covid-misinformation-bill/ There is an excellent discussion by Dr. Sanjay Verma explaining how often the public health authorities got it wrong during Covid and the lack of science behind the public health decisions we all have been living with for the past three years. And I always have a good time when FG&J get together (Ray Flores, Greg Glaser, and yours truly). (Hopefully, they edited…

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Hot off the Press on Cali. AB 2098: Federal Judge Denies Motion for Preliminary Injunction in the First Court Challenge; We’re up next in a few weeks

Hot off the Press on Cali. AB 2098: Federal Judge Denies Motion for Preliminary Injunction in the First Court Challenge; We’re up next in a few weeks

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Judge Slaughter of the Central District of California has just released his 30-page decision denying the Plaintiffs’ Motion for a Preliminary Injunction in McDonald v. Lawson. Here is the opinion: McDonald PI Motion Denied That means AB 2098 will become effective January 1, 2023, as Bus. & Prof. Code Section 2270 next week. It is not clear what effect the law will have on actions or investigations by the medical and osteopathic boards because they take the position that they…

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Here is the Defender’s Article about Hoang v. Bonta

Here is the Defender’s Article about Hoang v. Bonta

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couldn’t have said it better! https://www.linkedin.com/posts/ray-l-flores-ii-8b302b15_chd-files-motion-to-prevent-california-from-activity-7006860507873755136-ZepV?utm_source=share&utm_medium=member_desktop Rick Jaffe, Esq.

Save the Date for the Mother of all AB 2098 First Amendment Hearings

Save the Date for the Mother of all AB 2098 First Amendment Hearings

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So, here is the latest news. The hearing in our AB 2098 challenge Hoang v. Bonta, AND the hearing on the prior-filed case, Hoeg v. Lawson have both been set for January 23rd at 1:30 PM before Judge William B. Shubb. So far, the judge is holding live hearings, with online zoom viewing for the public, but the live part could change depending on what happens with the trifecta of viruses and hospitalizations. The judge may issue an order from…

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Preliminary Injunction Motion filed in our AB 2098 Challenge

Preliminary Injunction Motion filed in our AB 2098 Challenge

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Yesterday afternoon, we filed the initial papers for a preliminary injunction in our lawsuit challenging Cali. AB 2098, the misinformed Covid misinformation bill which is set to take effect on January 1st. The hearing is set for January 17th before District Judge Dale A. Drozd, who currently doing law and motion hearings (like out motion) by Zoom. But the date and judge are a bit up in the air because our case is “related” to the Hoeg v. Newsom case…

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I’ve been pretty quiet for some time. Here is why: Hoang v. Bonta, challenging AB 2098

I’ve been pretty quiet for some time. Here is why: Hoang v. Bonta, challenging AB 2098

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Thursday afternoon, December 1st, we filed a lawsuit challenging California AB 2098 on behalf of a California osteopathic physician, LeTrinh Hoang, Physicians for Informed Consent, and Children’s Health Defense (California chapter). Here is the complaint: complaint Bobby K. and Mary Holland are working on the case with me (and my usual compatriots). Mary is working on the preliminary injunction motion as I write this. We expect to be before a federal judge in mid-January. Our case is somewhat different from…

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As expected,

As expected,

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Federal District Judge Slaughter denied the Plaintiffs’ Motion for a Preliminary Injunction stopping AB 2098 from going into effect and dismissed the complaint on standing grounds. However, he did give the Plaintiffs leave to refile to correct the standing defect. Here is the decision. Slaughter’d This was not a close case, and it’s not about the system being against people with a particular belief. The Plaintiffs did not adequately plead that they had the right to challenge the law. I…

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