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# Richard Jaffe, Esq.

Lawyer

## Sitemaps

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## Posts

- [Blog](https://rickjaffeesq.com/blog/)
- [Sec. Kennedy Makes Changes to Two More HHS Vaccine Committees (and Even I Had to Look One of Them Up)](https://rickjaffeesq.com/2026/08/14/sec-kennedy-makes-changes-to-two-more-hhs-vaccine-committees-and-even-i-had-to-look-one-of-them-up/) - There have been a lot of federal vaccine announcements lately. I am having trouble figuring out how all the pieces fit together, and I follow this stuff fairly closely. Maybe some of you feel the same way. So, let me try to explain it to myself, out loud, and hopefully it will make sense to
- [Pierre Kory and Me on the Jimmy Dore Show on the Preliminary Injunction](https://rickjaffeesq.com/2026/08/12/pierre-kory-and-me-on-the-jimmy-dore-show-on-the-preliminary-injunction/) - Good discussion. https://www.youtube.com/watch?v=6aUXO9uIbfk Stay Tuned for What's Next! Rick Jaffe, Esq.
- [Against the Advice of Counsel, Trump Takes the Shot](https://rickjaffeesq.com/2026/08/11/against-the-advice-of-counsel-trump-takes-the-shot/) - The Gold Standard Executive Order Explained, and the Hard Part That Comes Next Since roughly the turn of the year, the political operation inside this administration has been working to get vaccines off the table until after the midterms. For those of us who have spent years on the vaccine issue, this has been a
- [The Doctor Will Speak to You Now: Judge Shubb Enjoins the Medical Boards' "Covid Misinformation" Policy in Kory v. Bonta](https://rickjaffeesq.com/2026/08/06/the-doctor-will-speak-to-you-now-judge-shubb-enjoins-the-medical-boards-covid-misinformation-policy-in-kory-v-bonta/) - On Monday afternoon, we had oral argument in Pierre Kory et al. v. Rob Bonta et al, our second Covid misinformation case before Eastern District Court Judge William B. Shubb. If you have been following the case in my blog or in CHD's The Defender, you are familiar with the journey, and it has been
- [The Air Force Has a Religious Accommodation Process. Rube Goldberg Designed It and Kafka Runs It.](https://rickjaffeesq.com/2026/07/25/the-air-force-has-a-religious-accommodation-process-rube-goldberg-designed-it-and-kafka-runs-it/) - Yesterday we filed a First Amended Complaint in Children's Health Defense v. Hegseth, No. 1:25-cv-04363-ACR, in federal court in Washington, D.C. Here it is: FACfilestamped We basically reframed based on the three service members we added to the complaint. But let me back up and explain how we got here. The Original Complaint and the
- [The President Just Ordered the Vaccine Schedule Moved Toward the Rest of the Developed World, (But It May Not Happen So Fast)](https://rickjaffeesq.com/2026/06/01/the-president-just-ordered-the-vaccine-schedule-moved-toward-the-rest-of-the-developed-world-but-it-may-not-happen-so-fast/) - On May 29, 2026, President Trump signed an executive order titled “Realigning United States Core Childhood Vaccine Recommendations with Best Practices from Peer, Developed Countries” (https://www.whitehouse.gov/presidential-actions/2026/05/realigning-united-states-core-childhood-vaccine-recommendations-with-best-practices-from-peer-developed-countries/). The headline is exactly what vaccine policy reformers have wanted for years. By this order, the federal government is now directed, as a matter of stated national policy, to
- [Cert Denied in Stockton v. Brown, BUT WE’RE NOT DONE](https://rickjaffeesq.com/2026/05/07/cert-denied-in-stockton-v-brown-but-were-not-done/) - On Monday, May 4, the Supreme Court denied cert in Stockton v. Brown. No dissent. The mainstream coverage missed most of the story. A week before the Supreme Court conferenced the case in mid-April, the Washington Medical Commission withdrew the Statements of Charges against the two named physician petitioners, Drs. Richard Eggleston and Thomas Siler.
- [Dispatch from the Trenches of AAP v. Kennedy: Two Courthouses, Incoming from Friends and Foes Alike](https://rickjaffeesq.com/2026/05/02/dispatch-from-the-trenches-of-aap-v-kennedy-two-courthouses-incoming-from-friends-and-foes-alike/) - AAP v. Kennedy is the lawsuit in which the institutional vaccine establishment, led by the American Academy of Pediatrics, is asking a federal court to undo what Secretary Kennedy, the CDC, and the reconstituted Advisory Committee on Immunization Practices have done over the past year: moving several childhood vaccines from a universal recommendation to shared
- [The Supreme Court Denied Cert in Kory v. Bonta, but, Chiles Already Gave Us What We Needed](https://rickjaffeesq.com/2026/04/22/the-supreme-court-denied-cert-in-kory-v-bonta-but-chiles-already-gave-us-what-we-needed/) - The Supreme Court denied our cert petition in Kory v. Bonta on Monday, April 20, 2026. It would have been nice to get a cert grant and a reversal, but we didn't need it. Recall the procedural posture This case was on the shadow docket. There has been no final judgment on the merits. We
- [Doing what we have to do:  We Just Filed a Stay Motion in the AAP v Kennedy, and Why It Matters](https://rickjaffeesq.com/2026/04/20/doing-what-we-have-to-do-we-just-filed-a-stay-motion-in-the-aap-v-kennedy-and-why-it-matters/) - I just filed a stay motion in American Academy of Pediatrics v. Kennedy, No. 1:25-cv-11916-BEM (D. Mass.), case, asking District Judge Brian motion to stay his Preliminary Injunction order he entered on March 16. I have no idea why the Government hadn't already filed this motion. I did it because I initially sought the relief
- [What HHS Should Do About Government Funded Animal Cruelty, Like NOW!](https://rickjaffeesq.com/2026/04/17/what-hhs-should-do-about-government-funded-animal-cruelty-like-now/) - Several months ago, a San Diego health care practitioner started sending me emails with reports of what NIH-funded universities are doing to dogs and cats. I’ve been tied up on other things, (as some of you may know), and I finally spent a few attention units on it. For anyone with pets, and even a
- [We’ve Asked the First Circuit to Unfreeze Federal Vaccine Policy.  If It Doesn’t, Perhaps the Supreme Court Will.](https://rickjaffeesq.com/2026/04/04/weve-asked-the-first-circuit-to-unfreeze-federal-vaccine-policy-if-it-doesnt-perhaps-the-supreme-court-will/) - In my last post I said we would file an emergency motion in the First Circuit within days. It took longer than that, for reasons anyone who has ever assembled a 903-page appendix will understand. The motion is now filed. This is the third post in a series. The first explained why Murphy’s order shuts
- [We are Appealing AAP v. Kennedy. Here's What's Next.](https://rickjaffeesq.com/2026/03/25/we-are-appealing-aap-v-kennedy-heres-whats-next/) - Today, March 25th, I filed a notice of appeal in AAP v. Kennedy, No. 1:25-cv-11916-BEM (D. Mass.), on behalf of Children's Health Defense, two physicians, and two mothers whose children died after receiving multiple simultaneous vaccines. We're appealing two things. First, Judge Murphy's February 27 denial of our motion to intervene as defendants and counterclaim
- [How a Gaggle of Vaccine Trade Groups Got a Federal Judge to Help Upsell Vaccines No State Thinks Are Necessary](https://rickjaffeesq.com/2026/03/22/how-a-gaggle-of-vaccine-trade-groups-got-a-federal-judge-to-help-upsell-vaccines-no-state-thinks-are-necessary/) - And froze the federal government's ability to change any vaccine recommendation in the process. Something happened on March 16 that Kennedy's people need to understand. District Judge Brian Murphy in Massachusetts issued a preliminary injunction in AAP v. Kennedy that freezes the federal childhood vaccine schedule and strips the CDC Director of the authority to
- [Why We are Suing the American Academy of Pediatrics for Racketeering](https://rickjaffeesq.com/2026/01/21/why-we-are-suing-the-american-academy-of-pediatrics-for-racketeering/) - Today I filed a federal racketeering lawsuit against the American Academy of Pediatrics. Bold? Yes. Unprecedented? No. The model: the successful RICO litigation against Big Tobacco. Government and private insurers sued cigarette manufacturers and their trade organizations for decades of fraudulent health-risk denials. Courts found liability. Tobacco created false uncertainty to manufacture doubt. AAP did
- [The Denmark Schedule Hysteria Misses the Point: It's About Shared Clinical Decision-Making](https://rickjaffeesq.com/2025/12/23/the-denmark-schedule-hysteria-misses-the-point-its-about-shared-clinical-decision-making/) - The vaccine establishment went into full panic mode last week when CNN reported that HHS was planning to align the U.S. childhood vaccine schedule with Denmark's. The headlines screamed: Denmark recommends only 11 vaccine doses targeting 10 diseases; the U.S. recommends 72 doses targeting 18 diseases. Scott Gottlieb warned we'd need to "build new pediatric
- [John Stockton (et al) Drives to the Supreme Court for the Win!](https://rickjaffeesq.com/2025/11/24/john-stockton-et-al-drives-to-the-supreme-court-for-the-win/) - Today, November 24, 2024, we filed for cert at the Supreme Court in Stockton v. Brown, seeking to overturn the Ninth Circuit's refusal to declare unconstitutional the Washington Medical Commission's enforcement policy sactioning phsyicians for alleged Covid Misinformation. This, despite the fact that the day before, the Washington Appellate court did that very thing, making
- [Finally, The CDC's Untested Childhood Vaccine Schedule Is On Trial](https://rickjaffeesq.com/2025/08/18/finally-the-cdcs-untested-childhood-vaccine-schedule-is-on-trial/) - For the first time, a federal lawsuit challenges the CDC's 72-dose childhood vaccine schedule on the grounds that it has never been safety tested as actually administered. It may also surprise you that the government's own outside advisors have been urging these studies for almost 25 years. On Friday August 15th, I filed Thomas v.
- [The Cardenas Lawsuit is over: But What's Next Will Be Huge](https://rickjaffeesq.com/2025/08/15/the-cardenas-lawsuit-is-over-but-whats-next-will-be-huge/) - Earlier in the week, I filed a voluntary dismissal in Cardenas v. Monarez, which lawsuit sought two things. 1. That the CDC change the Covid shot for kids from "recommended" to "shared decision-making." We specifically asked that this be done prior to the ACIP meeting scheduled for end of June. 2. That the Vaccine for
- [The Last Cert Petition Standing: Kory v. Bonta and the Supreme Court’s Silent Spotlight Grows](https://rickjaffeesq.com/2025/08/04/the-last-cert-petition-standing-kory-v-bonta-and-the-supreme-courts-silent-spotlight-grows/) - As of August 4, 2025, the Supreme Court has resolved every single cert petition filed during the 2024–2025 Term—except one. Our case. Kory v. Bonta is the last remaining cert petition pending. Every other petition has been denied, granted, vacated and remanded, or reversed without full briefing. That includes every petition from the June 18
- [When Guidelines Become Shackles: PIC's Vaccine Safety Analysis Signals a Coming Fight for Medical Freedom](https://rickjaffeesq.com/2025/08/02/when-guidelines-become-shackles-pics-vaccine-safety-analysis-signals-a-coming-fight-for-medical-freedom/) - Physicians for Informed Consent has just released the scientific foundation that could reshape America's vaccine debate—and the legal battles ahead. This "Silver Booklet," Vaccines and the Diseases They Target: An Analysis of Vaccine Safety and Epidemiology, demolishes the flimsy scientific foundation of America's vaccine policies. This is essential reading for anyone questioning whether these policies
- [No Decision Yet in Kory v. Bonta—But Here’s My Best Guess (or Wishful Thinking) about the What's Coming](https://rickjaffeesq.com/2025/07/18/no-decision-yet-in-kory-v-bonta-but-heres-my-best-guess-or-wishful-thinking-about-the-whats-coming/) - Still no word from the Supreme Court on Kory v. Bonta. To recap: we filed for certiorari after the Ninth Circuit affirmed Judge Shubb’s denial of a preliminary injunction and upheld his determination—joined by two of the three appellate judges—that the plaintiffs lacked standing. After we filed the cert petition, the California Attorney General’s office
- [Executive Power, Parental Rights, and Vaccine Mandates: The Battle for West Virginia’s Religious Exemption](https://rickjaffeesq.com/2025/06/12/executive-power-parental-rights-and-vaccine-mandates-the-battle-for-west-virginias-religious-exemption/) - West Virginia—long known for having one of the strictest vaccine mandates in the country—is now the latest flashpoint in a growing national conflict between medical orthodoxy and constitutional liberty. Earlier this month, Governor Patrick Morrisey issued an executive order recognizing religious exemptions to school vaccination requirements, citing the state’s 2023 Equal Protection for Religion Act
- [Only 13% of Kids Are Getting COVID Shots — So Why the Media Meltdown Over Change to CDC Recommendation?](https://rickjaffeesq.com/2025/06/03/only-13-of-kids-are-getting-covid-shots-so-why-the-media-meltdown-over-change-to-cdc-recommendation/) - (My guest editorial in CHD's the Defender today 6/3/2025) Last week’s change to the CDC COVID-19 vaccine recommendation for healthy children drew criticism from mainstream media. But with only 12.8% of children up to date on COVID-19 shots, it’s clear the public has already moved on — the CDC is simply catching up. Last week,
- [Kory v Bonta Cert Petition to Be Conferenced by the Supremes on June 18th](https://rickjaffeesq.com/2025/06/03/kory-v-bonta-cert-petition-to-be-conferenced-by-the-supremes-on-june-18th/) - We should know within a few days, thumbs up or thumbs down. Any longer than that might mean some kind of decision, perhaps a dissent from whatever decision is made. It only takes four justices to accept a case. fingers crossed. Rick Jaffe, Esq.
- [The COVID Shot for Kids Just Got Demoted—But the Fight Isn’t Over Yet](https://rickjaffeesq.com/2025/05/30/the-covid-shot-for-kids-just-got-demoted-but-the-fight-isnt-over-yet/) - Earlier this week, HHS Secretary Robert F. Kennedy Jr. - flanked by NIH Director Jay Bhattacharya and CMS Director Mehmet Oz — publicly announced—that the federal government would no longer recommend COVID-19 vaccination for healthy children or pregnant women. Now, hot off the press is the CDC's updated immunization schedule reflecting that shift (sort of).
- [Kory v. Bonta Is in the Justices’ Hands—Now We Wait](https://rickjaffeesq.com/2025/05/30/kory-v-bonta-is-in-the-justices-hands-now-we-wait/) - Our reply brief in Kory v. Bonta was filed yesterday. Here it is. Petitioners Reply Brief Here are the other briefs, opening brief, 24-KoryPetition brief in opposition, oppositionbrief and the amicus filed by Simone Gold and her group, (thanks Simone!) AFD-Kory Amici Brief-4-16-2025 (1) The case should be submitted to the justices for cert consideration
- [CDC’s Pediatric COVID Shot Mandate to Physicians Faces Legal Attack: No Approval, No Proven Benefit, and now, No More Free Pass](https://rickjaffeesq.com/2025/04/25/cdcs-pediatric-covid-shot-mandate-to-physicians-faces-legal-attack-no-approval-no-proven-benefit-and-now-no-more-free-pass/) - I just filed a lawsuit on behalf of Dr. Samara Cardenas, a pediatrician who used her brain, and then lost her Medicaid practice because of it. Here is the short of it: Even after the pandemic ended, and even after Omicron turned COVID into a glorified head cold for healthy kids, the CDC is still
- [News on the Kory Cert Petition Front](https://rickjaffeesq.com/2025/03/17/news-on-the-kory-cert-petition-front/) - Things are moving quickly with our petition which was docketed at the Supreme Court on February 27th. Thereafter, the AG's office filed a waiver of their right to respond to the petition. Shortly thereafter, the petition set for conference on March 28th, which seems very quick. However, today, apparently after review of the petition, the
- [Hot off the Press: The Kory v. Bonta Petition at the Supremes has just been Docketed](https://rickjaffeesq.com/2025/02/27/hot-off-the-press-the-kory-v-bonta-petition-at-the-supremes-has-just-been-docketed/) - I just received word that our petition for certiorari on Kory v Bonta has been docketed. here it is: 24-KoryPetition. I think it came out pretty good. But I am missing my former co-counsel on the case, but he's already doing great work in his new gig. These petitions are a super long shot usually.
- [The Stockton appeal is now ready for May's Oral Argument, and What's Next](https://rickjaffeesq.com/2025/02/14/the-stockton-appeal-is-now-ready-for-mays-oral-argument-and-whats-next/) - Our reply brief in Stockton v. Ferguson has been filed. For anyone interested in getting into the weeds, here it is (along with the AG's brief in opposition which is what the reply brief responds to. Stocktonrelpyfilestamped. OPPOSINGBRIEF Oral argument is set for the week of May 12th in San Francisco. That gives me some
- [Please, Please, Let's Not Get Ahead of Ourselves with RFK Jr's Nomination](https://rickjaffeesq.com/2025/02/06/please-please-lets-not-get-ahead-of-ourselves-with-rfk-jrs-nomination/) - First a disclaimer: Although I have worked with RFK Jr. on some cases, and I have represented him on some of his cases, what I am saying is just my view. I do not speak for him or his inner circle. It's exciting times for sure about what could be the beginning of a healthier
- [Justice Thomas Sets Stockton v Ferguson on the Supreme Court Docket! (and some not so good news)](https://rickjaffeesq.com/2024/12/05/justice-thomas-sets-stockton-v-ferguson-on-the-supreme-court-docket-and-some-not-so-good-news/) - First the bad news. Last week the 9th Circuit affirmed District Judge Shubb's decision denying our preliminary injunction in Kory v. Bonta, (our physicians free speech to patients cases in California). Two of the judges found that there was no "standing" on what they, the district court, and the Attorney General's office misdescribed as our
- [Can Uncle Sam Pull the Plug on Pharma's $7.6 Billion Media Megaphone? Maybe or Maybe not, but it's worth the fight](https://rickjaffeesq.com/2024/11/28/can-uncle-sam-pull-the-plug-on-pharmas-7-6-billion-media-megaphone-maybe-or-maybe-not-but-its-worth-the-fight/) - One of the things the new administration may try to do is eliminate Pharma advertising in the media. Like many, I think Pharma's advertising has adversely impacted the public dialogue and public health. More bluntly, the media is Pharma's paid shill and mouthpiece, and it has hurt the country. More specifically, the media's megaphone for In short, I have doubts about whether the new folks can pull the plug on Pharma's mouthpiece, but I sure hope they try. And even if they don't get that done, there are agency tools which could change the media's behavior, to make it less of Pharma's megaphone for the betterment of public discourse and public health.
- [Law & Crime Picks UP Our Renewed Application to the Supremes](https://rickjaffeesq.com/2024/11/23/law-crime-picks-up-our-renewed-application-to-the-supremes/) - This is the image from Law and Crime's article about our request to Justice Thomas on John Stockton et al v. Robert Ferguson et al. Here is the article. https://lawandcrime.com/high-profile/thomas-pushed-to-overrule-kagans-order-in-covid-related-first-amendment-case-where-rfk-jr-serves-as-co-counsel/. Not the image I'd chose. I'd go with our lead plaintiff, NBA legend John Stockton. Not the title, I'd chose, and it may make it
- [No Stone Unturned in John Stockton v. Robert Ferguson: An Update](https://rickjaffeesq.com/2024/11/22/no-stone-unturned-in-john-stockton-v-robert-ferguson-an-update/) - Here's the short of the case: We filed in Washington state federal court to stop the Washington Medical Commission from investigating and sanctioning physicians for speaking out against the mainstream Covid narrative. We claimed the right of physicians to speak out in public, and also the right of individuals like lead Plaintiff/basketball legend John Stockton
- [Should FDA's User Fees Be on the Chopping Block?](https://rickjaffeesq.com/2024/11/21/should-fdas-user-fees-be-on-the-chopping-block/) - One of the many exciting things that RFK Jr brings to the table is his promise to root out corruption and agency capture. The biggest cause of capture is the revolving door between government and the drug companies. People work for the government and then go back to industry and influence their former subordinates and
- [What's Wrong with American Health Care](https://rickjaffeesq.com/2016/04/02/whats-wrong-with-american-health-care/) - Recently, the esteemed publisher/editor/writer of the Bolin Report asked me what I thought was wrong with the US health care system. I was taken aback. Even though I have been involved in health care cases, organizations, and legislative initiatives for a long time, I don’t often get asked big picture questions. I thought it might
- [WHAT’S WRONG WITH THE U.S. HEALTHCARE SYSTEM AND WHAT IT WOULD TAKE TO FIX IT](https://rickjaffeesq.com/2016/09/24/whats-wrong-u-s-healthcare-system-take-fix/) - I spend most of my professional time in the weeds of health care cases, so I thought it might be a nice change of pace to put down some of my observations and general critiques of the system based on my 30 years in the health care arena and as a consumer of health care
- [RFK Jr. is Going to Shake things up big time at HHS!](https://rickjaffeesq.com/2024/11/14/rfk-jr-is-going-to-shake-things-up-big-time-at-hhs/) - You all know by now that President/President Elect Trump announced that he is nominating RFK Jr. to be his HHS secretary. The announcement has started to send shockwaves throughout the Pharma, Medical, Public Health, and the state regulatory industrial complex, and for good reason. Here is a snippet from one of Bobby talks where he
- [As I was saying...](https://rickjaffeesq.com/2024/11/12/as-i-was-saying/) - It's been over six months since my last post. Sorry about that, but life got as hectic as a diner at breakfast rush, and you’re about to find out why. Here's the skinny: We've had this little thing called an election recently, but let's save that juicy bit for dessert. Kory v. Newson, the sequel
- [Judge Shubb Denies the Preliminary Injunction in Kory v. Bonta, but the battle continues](https://rickjaffeesq.com/2024/04/24/judge-shubb-denies-the-preliminary-injunction-in-kory-v-bonta-but-the-battle-continues/) - Yesterday, April 23, 2024, Judge Shubb denied our motion for a preliminary injunction in Kory v. Bonta. The case, as you will recall, was a follow-up to the Hoang and Hoeg cases challenging AB 2098, where in January 23, 2023, Judge Shubb granted a preliminary injunction baring enforcement of the law. The judge recently dismissed
- [The Next Battle against "Covid Misinformation" has just begun in Washington State](https://rickjaffeesq.com/2024/03/10/the-next-battle-against-covid-misinformation-has-just-begun-in-washington-state/) - On Thursday, March 7th, we filed Stockton v. Ferguson in the Eastern District of Washington. Washington has prosecuted around 60 doctors, in whole or in part based of their speaking out in public against the mainstream Covid narrative. Since April 2023, I have been involved in one of these prosecutions, the one against Richard Eggleston.
- [Fairly Significant (but not unexpected) update on the Cali Covid Misinformation Wars, But We're Still Waiting for the Big Enchilada!](https://rickjaffeesq.com/2024/04/02/fairly-significant-but-not-unexpected-update-on-the-cali-covid-misinformation-wars-but-were-still-waiting-for-the-big-enchilada/) - Yesterday we had the hearings in the Hoang and Hoeg cases, that being the attorney general's motion to dismiss both cases on mootness grounds. You will recall that on February 29th, the Ninth Circuit decided that the other two AB 2098 cases were moot and order the district court to dismiss the two cases and
- [The 9th Circuit Just Tossed Two of the AB 2098 cases; Now What?](https://rickjaffeesq.com/2024/03/02/the-9th-circuit-just-tossed-two-of-the-ab-2098-cases-now-what/) - On Thursday afternoon, February 29th, the Ninth Circuit basically ended the AB 2098 litigation. The actual decision held that the McDonald appeal of Central District Judge Slaughter's denial of a preliminary injunction against the law was moot, because AB 2098 enacted as Bus. & Prof Code 2270 had been repealed as of January 1st. The
- [Rick's Second 2024 Covid Misinformation Litigation Update, and there is plenty to Talk About](https://rickjaffeesq.com/2024/02/12/ricks-second-2024-covid-misinformation-litigation-update-and-there-is-plenty-to-talk-about/) - So here is what's going on, some good, but some not so good, but even the not so good presents some opportunities. To recap, on January 2nd, we filed Kory v. Bonta, which takes the battle against the Cali. medical boards to the heartland of their powers, those being the power that no man (or
- [Happy New Year Brave "Covid Misinformation" Warriors; and Not To Bury the Lead, but stay with me because you will like it, I promise!](https://rickjaffeesq.com/2024/01/03/happy-new-year-brave-covid-misinformation-warriors-and-not-to-bury-the-lead-but-stay-with-me-because-you-will-like-it-i-promise/) - It is Wednesday January 3, 2024. Since 2022, I have been obsessed with "Covid misinformation". I find it deeply disturbing considering how wrong public health authorities have been since the beginning. There is evidence suggesting that the authorities have knowingly mislead the public about the professed ability of the vaccines to prevent infection and transmission,
- [A Judicial Fastball: The Supremes Hit a Long Pause on the Missouri v. Biden First Amendment Preliminary Injunction](https://rickjaffeesq.com/2023/10/21/a-judicial-fastball-the-supremes-hit-a-long-pause-on-the-missouri-v-biden-first-amendment-preliminary-injunction/) - No surprise here: The Supremes Stay Enforcement of the Biden v Missouri First Amendment Preliminary Injunction and take the case. In an unsigned order delivered yesterday, the Supreme Court placed a hold on the enforcement of the preliminary injunction—a decree dispatched by the Western District of Louisiana and later upheld, albeit with restrictions, by the
- [Is the Cali. Covid Misinformation Appeal Moot? That is the Question the 9th Circuit Just Asked the Parties.](https://rickjaffeesq.com/2023/10/18/is-the-cali-covid-misinformation-appeal-moot-that-is-the-question-the-9th-circuit-just-asked-the-parties/) - In an entirely expected move, yesterday October 17th, the 9th Circuit issued an order asking the parties to submit supplemental filings on whether or not SB 815 which repeals the Cali. Covid Misinformation law (AB 2098 enacted as Bus.& Prof. Code Section 2270) as of January 1st, is moot. Here is the brief order. 9th
- [The Next Cali Covid Misinformation Battle has Begun: Buckle up!](https://rickjaffeesq.com/2023/10/04/the-next-cali-covid-misinformation-battle-has-begun-buckle-up/) - As all Cali. First Amendment lovers know, on Saturday, September 30th, Governor Newsom signed SB 815 which repealed the physician covid misinformation law, AB 2098, enacted as Section 2270 of the Business and Professions Code. On Monday morning, October 2nd, we asked our judge in Bonta v. Hoang (one of two related cases in which
- [Exclusive Breaking News: The 1st Amendment hole the Wa. Med. Commish is in just got a whole lot  deeper!](https://rickjaffeesq.com/2023/09/28/exclusive-breaking-news-the-1st-amendment-hole-the-wa-med-commish-is-in-just-got-a-whole-lot-deeper/) - Very good news for all who believe that doctors should be able to publicly criticize the increasingly desperate propaganda put-out by the Covid mafia. Today, Washington state Appellate Court Commissioner Hailey L. Landrus granted Dr. Eggleston's motion for discretionary review, meaning we get to appeal the superior court's denial of our preliminary injunction motion. And
- [Major First Amendment Update!](https://rickjaffeesq.com/2023/09/16/major-first-amendment-update/) - Folks, I will keep this pretty simple and straight: Biden v. Missouri As most of you probably know, Justice Alito stayed the 5th Circuit's decision affirming a part of the lower court's preliminary injunction against Biden Administration officals prohibiting them from attempting to force social media companies to censor public health information the government disagrees
- [Cali Legislature is about to pull the plug on Judge Shubb's legally induced coma on the Covid Misinformation Law](https://rickjaffeesq.com/2023/09/13/cali-legislature-is-about-to-pull-the-plug-on-judge-shubbs-legally-induced-coma-on-the-covid-misinformation-law/) - It was reported on Monday by the Los Angeles Times that legislators discretely incorporated the repeal of AB 2098, (Bus. & Prof. Code 2270), the temporarily enjoined Covid misinformation law, into the comprehensive health care boards bill, SB 815. Given the bias of the story, I won't provide you the link to it. Instead, I
- [We Are Not Done with the Missouri v Biden Preliminary Injunction](https://rickjaffeesq.com/2023/09/09/we-are-not-done-with-the-missouri-v-biden-preliminary-injunction/) - WARM OFF THE PRESS: The Fifth Circuit affirms (in part) the Louisiana judge's preliminary injunction stopping Biden government officials from interfering with the First Amendment rights of government officials and some private citizens from speaking out against the mainstream Covid narrative. (Well sort of, but not quite exactly.) The even better part is that the
- [Ivermectin Docs Pummel the FDA at the Fifth Circuit, but there are miles to go before we sleep.](https://rickjaffeesq.com/2023/09/05/ivermectin-docs-pummel-the-fda-at-the-fifth-circuit-but-there-are-miles-to-go-before-we-sleep/) - To people supporting the use of Ivermectin and other off-label drugs for Covid, arguably the most galling thing about the mainstream Covid mafia's PR campaign against Ivermectin was the false and outrageous moniker of it being horse paste. It is false becasue as everyone in the Covid mafia knows, Ivermectin is approved for use in
- [The FDA's Nod to Ivermectin is not an "All's Clear" for Prescribing it for Covid](https://rickjaffeesq.com/2023/08/19/the-fdas-nod-to-ivermectin-is-not-an-alls-clear-for-prescribing-it-for-covid/) - Many of you tuned into the recent oral argument in the physicians' lawsuit against the FDA. The bone of contention? Alleged interference with the practice of medicine due to the FDA's statements (and tweets) against using Ivermectin for Covid. And who could miss that provocative and heartening recent headline in Epoch Times: "Doctors Can Prescribe
- [Watch The Avengers of Free Speech Do A Deep Dive On Their Fight Against Censorship](https://rickjaffeesq.com/2023/08/01/watch-the-avengers-of-free-speech-do-a-deep-dive-on-their-fight-against-censorship-updated/) - Hear ye, hear ye! Advocates of free speech, assemble! Just as the Avengers rally to protect the world, a group of First Amendment champions are gathering to discuss their battles to safeguard our freedom of speech. Join them on August 17, 2023, at 8 PM EDT for a discussion as riveting as an Avengers movie.
- [Caution: Sex Change Procedures Might Become Hazardous to the Practitioners' Wealth$](https://rickjaffeesq.com/2023/08/04/caution-sex-change-procedures-might-become-hazardous-to-the-practitioners-wealth/) - Recently, I got my hands on the amended complaint in the Chloe Brockman v Kaiser lawsuit. If you're a physician performing gender reassignment surgery (GRS), or a health care provider involved in any part of the sex change process for children, you might want to sit down for this one. Here is the gist of
- [A Tale of Two Ironies: Bobby Kennedy Jr., Bioterrorism, the Fight for Free Speech and Open Science](https://rickjaffeesq.com/2023/07/19/a-tale-of-two-ironies-bobby-kennedy-jr-bioterrorism-the-fight-for-free-speech-and-open-science/) - Ladies and Gentlemen, gather round, for we have a compelling story to share. It is a tale of irony, misinformation, fear and censorship, starring Bobby Kennedy Jr., a man who has weathered more storms than a seasoned hurricane chaser. Though, he is more often the hurricane wrecking havoc on corporate polluters and other corporate miscreants.
- [The Ninth Circuit's Grilling in the McDonald oral argument: A Glimpse into the Future of AB 2098](https://rickjaffeesq.com/2023/07/18/the-ninth-circuits-grilling-in-the-mcdonald-oral-argument-a-glimpse-into-the-future-of-ab-2098/) - If you thought the summer heat was intense, wait until you hear about how the 9th Circuit panel grilled the attorneys who argued the case (mostly one side). And hint, I'm a happy guy after hearing the oral argument. So let me share my thoughts on it. As you may recall, this case revolves around
- [A First Amendment Frenzy: From Courtrooms to Congress, Free Speech is Having a Field Day!](https://rickjaffeesq.com/2023/07/17/a-first-amendment-frenzy-from-courtrooms-to-congress-free-speech-is-having-a-field-day/) - Hello, fellow advocates and enthusiasts of the First Amendment! If you thought the summer heat was intense, wait until you hear about the sizzling legal battles currently underway in the realm of free speech. Buckle up, because we're about to embark on a whirlwind tour of some of the most significant First Amendment cases currently
- [Breaking News: The Fifth Circuit Stops the Biden v. Missouri Injunction](https://rickjaffeesq.com/2023/07/15/breaking-news-the-fifth-circuit-stops-the-biden-v-missouri-injunction/) - Unless you're living under a rock, you know that a Louisiana federal judge had issued a preliminary injunction barring many, many federal government officials from asking politely (threatening) social media companies to remove content which the government thinks is dangerous. Here is the judge's opinion. bideninjunction Some people (myself included) consider this to be more
- [VERY GOOD NEWS! THE WASHINGTON MEDICAL COMMISSION'S COVID MISINFORMATION PROSECTION AGAINST DOC EGGLESTON HAS BEEN STAYED!](https://rickjaffeesq.com/2023/05/24/very-good-news-the-washington-medical-commissions-covid-misinformation-prosection-against-doc-eggleston-has-been-stayed/) - Breaking news: The Washington Medical Commission's prosecution of retired opthamologist Richard Eggleston for "spreading Covid misinformation" in newspaper opinion pieces has been temporarily stayed. The hearing was supposed to start today, May 24, 2023 at 9:00 AM PDT. However, late yesterday afternoon, a State Appellate Court Commissioner stopped the hearing from going forward pending further
- [Tomorrow's Zoom Talk on What I've Leaned about Stem Cells Regulation](https://rickjaffeesq.com/2023/05/02/tomorrows-zoom-talk-on-what-ive-leaned-about-stem-cells-regulation/) - Tomorrow at 8:00 PM EDT I'll be speaking to members of the American Academy of Stem Cell Physicians about what I've learned working on these federal and state investigations and litigations Here is the link to watch: https://lnkd.in/gcNvcRy Rick Jaffe, Esq.
- [Update on the Eggleston Physician Censorship Case](https://rickjaffeesq.com/2023/04/29/update-on-the-eggleston-physician-censorship-case/) - Yesterday, We had our prehearing conference in the Washington Medical Commission's case against retired physician Richard Eggleston for writing opinion pieces in a Washington and Idaho regional newspaper that challenged many of the canards of the public health Covid narrative. The online hearing will occur on May 24-26, starting at 9:00AM PDT. The public will
- [Next Up for me in the Covid Misinformation Wars: The Washington (State) Medical Commission v. Richard J. Eggleston, MD](https://rickjaffeesq.com/2023/04/24/next-up-for-me-in-the-covid-misinformation-wars-the-washington-state-medical-commission-v-richard-j-eggleston-md/) - The Eggleston case is now the most important Covid misinformation case in the country, and that's why I decided to jump into it. Dr. Eggleston is a retired ophthalmologist. He hasn't seen a patient in ten years. His disciplinable offense according to the Washington Medical Commission is that he made some statements in the column
- [Join us for Bobby Kennedy's Presidential Announcement Event in Boston on April 19th; Camelot 2.0 Begins!](https://rickjaffeesq.com/2023/04/07/join-us-for-bobby-kennedys-presidential-announcement-event-in-boston-on-april-19th-camelot-2-0-begins/) - The news that Bobby Kennedy is running for president broke a couple days ago. For many people like me, it's the most exciting thing we have heard in a long time. Most of you know that I work with Bobby on cases. He and I are counsel of record in Hoang v. Bonta, in which
- [Where are the CDC and Medicare Whistleblowers?](https://rickjaffeesq.com/2023/03/28/where-are-the-cdc-and-medicare-whistleblowers/) - Whistleblowers and smoking guns are the holy grails in impact litigation. They rarely surface, but when they do, they can make a case. I am sort of surprised that there haven't been more of them since the pandemic. I've heard about and interacted with or about a couple of them, but I haven't found the
- [California Docs and Patients Should Join Them NOW!](https://rickjaffeesq.com/2023/03/22/california-docs-and-patients-should-join-them-now/) - (Robert F. Kennedy Jr. Esq. for those of you who are reading this from beyond our solar system.) (PIC's fearless President, Shira Miller MD outside the Courtroon after the AB 2098 hearing. Editor's note: She seems pleased and confident, and as turns out, for good reason. Thx Shira for backing this.) (The rest of the
- [This is the best news report on the California Covid Misinformation Mess](https://rickjaffeesq.com/2023/03/20/this-is-the-best-news-report-on-the-california-covid-misinformation-mess/) - CHD's Defender just republished what I think is the best and most comprehensive news report on the status of AB 2098, now Section 2270 of the Business and Professional Code, after Judge Shubb's decision in our case (Hoang v. Bonta) and the related case (Hoeg. v. Newsom), save for one important fact: For now, and
- [Washington Federal Judge Denies TRO to Stop the Washington Medical Commission's Prosecutions of Covid Misinformation Soapbox Speech](https://rickjaffeesq.com/2023/03/19/washington-federal-judge-denies-tro-to-stop-the-washington-medical-commissions-prosecutions-of-covid-misinformation-soapbox-speech/) - On Friday March 17th, a Washington (state) federal judge denied a TRO filed by three physicians who were claiming that the the Washington Medical Commisions (their medical board) violated their federal constitutional and state law rights in filing charges against them for speaking out in public against the mainstream Covid narrative. Here are the complaint,
- [Status Report on the Covid Misinformation Situation for California Physicians and other interested parties (in western states)](https://rickjaffeesq.com/2023/03/09/status-report-on-the-covid-misinformation-situation-for-california-physicians-and-other-interested-parties-in-western-states/) - There have been a lot of papers flying around the state in various court cases, so it seemed like a good idea to tell the vaccine-concerned physician and lay community where the law and cases stand. Soapbox Speech Before I get into the AB 2098 lawsuits, let me relate where we are on the pre-AB
- [MAJOR UPDATE AND BREAKING NEWS IN THE AB 2098 BATTLE](https://rickjaffeesq.com/2023/02/15/major-update-and-breaking-news-in-the-ab-2098-battle/) - As you know, our case, Hoang v. Bonta, together with the related case of Hoeg v. Newsom had some recent success before Judge Schubb, by his enjoining the enforcement of AB 2098 (now section 2270 of the Business and Professional Code). His decision was limited to the parties of the two cases, meaning the five
- [Join Them Now!](https://rickjaffeesq.com/2023/01/31/join-them-now/) - (Robert F. Kennedy Jr. Esq. for those of you who are reading this from beyond our solar system.) (PIC's fearless President, Shira Miller MD outside the Courtroon after the AB 2098 hearing. Editor's note: She seems pleased and confident, and as turns out, for good reason. Thx Shira for backing this.) (The rest of the
- [WE WON! AB 2098/B&P Section 2270 Has been stopped](https://rickjaffeesq.com/2023/01/26/we-won-ab-2098-bp-section-2270-has-been-stopped/) - (sent to me by a certain high-profile team member) Late Wednesday afternoon, Judge Schubb granted our motion (and the motion in the Hoeg v. Lawson case) for a preliminary injunction stopping the Attorney General and the Cali. medical boards from enforcing its Covid Misinformation bill. Here is the judge's preliminary injunction order. injunctiongranted Our case
- [A little local color on how the hearing started](https://rickjaffeesq.com/2023/01/24/a-little-local-color-on-how-the-hearing-started/) - The courtroom clerk (the long-serving and right-honorable Karen Kirksey-Smith calls the two cases, saying that the counsel for the first case (Hoeg v Lawson) should enter the counsel area first. They do, but yours truly was a little confused as to whether I was to go into the counsel's area with or after them or
- [AB 2098 hearing held yesterday, no result yet, but we are very, very hopeful](https://rickjaffeesq.com/2023/01/24/ab-2098-hearing-held-yesterday-no-result-yet-but-we-are-very-very-hopeful/) - (Man with shades outside Sacramento Federal Courthouse after oral argument in the challenges to AB 2098) We had the hearing on our challenge (and the companion challenge filed by a high-profile Washington D.C. public interest group) yesterday afternoon. It was a very lively event. And because it was me, there were many lighter moments and
- [California Physician Alert: Be Very Careful About What you Say About Covid to New/Prospective Patients](https://rickjaffeesq.com/2023/01/18/california-physician-alert-be-very-careful-about-what-you-say-about-covid-to-new-prospective-patients/) - 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
- [The Downside which California Parents face who Submit Permanant All-Vaccine Medical Exemptions under the New Vaccine Medical Exemption Law](https://rickjaffeesq.com/2023/01/13/the-downside-which-california-parents-face-who-submit-permanant-all-vaccine-medical-exemptions-under-the-new-vaccine-medical-exemption-law/) - 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
- [Paperwork All Filed in our Challenge to AB 2098; Next Up, the Preliminary Injunction Hearing on January 23rd](https://rickjaffeesq.com/2023/01/09/paperwork-all-filed-in-our-challenge-to-ab-2098-next-up-the-preliminary-injunction-hearing-on-january-23rd/) - 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
- [Must See  CHD TV on AB 2098](https://rickjaffeesq.com/2022/12/29/must-see-chd-tv-on-ab-2098/) - 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
- [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](https://rickjaffeesq.com/2022/12/28/hot-off-the-press-on-cali-ab-2098-federal-judge-denies-motion-for-preliminary-injunction-in-the-first-court-challenge-were-up-next-in-a-few-weeks/) - 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
- [Here is the Defender's Article about Hoang v. Bonta](https://rickjaffeesq.com/2022/12/11/here-is-the-defenders-article-about-hoang-v-bonta/) - 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](https://rickjaffeesq.com/2022/12/09/save-the-date-for-the-mother-of-all-ab-2098-first-amendment-hearings/) - 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
- [Preliminary Injunction Motion filed in our AB 2098 Challenge](https://rickjaffeesq.com/2022/12/07/preliminary-injunction-motion-filed-in-our-ab-2098-challenge/) - 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)
- [I've been pretty quiet for some time. Here is why: Hoang v. Bonta, challenging AB 2098](https://rickjaffeesq.com/2022/12/04/ive-been-pretty-quiet-for-some-time-here-is-why-hoang-v-bonta-challenging-ab-2098/) - 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
- [As expected,](https://rickjaffeesq.com/2022/11/22/as-expected/) - 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
- [No Decision yet on the McDonald AB 2098 case, but methinks the writing is on the wall](https://rickjaffeesq.com/2022/11/18/no-decision-yet-on-the-mcdonald-ab-2098-case-but-methinks-the-writing-is-on-the-wall/) - Yesterday was the hearing/oral argument in the first challenge to Cali AB2098, the Covid misinformation bill. The case is McDonald v Lawson which is in Federal Court in the Central Disrict of California (Los Angeles). For such a big case, I thought the hearing was not very long and more tellingly, it focused on one
- [The Cali AB 2098 Lawsuits So Far](https://rickjaffeesq.com/2022/11/16/the-cali-ab-2098-lawsuits-so-far/) - As you all know, on September 30th, Governor Newsom signed AB 2098, which created a sort of "new" Covid misinformation/disinformation law. I put "new" in quotes because the Medical Board took the position during the legislative process as well as in response to the first lawsuit challenging the law, that it already had the power
- [No Surprise: The FDA appeals Federal Judge Bernal in the Cell Surgical Network Case](https://rickjaffeesq.com/2022/10/28/no-surprise-the-fda-appeals-federal-judge-bernal-in-the-cell-surgical-network-case/) - Yesterday, October 27th, the Feds filed a notice of appeal of Judge Jesus Bernal's decision awarding Cell Surgical Network and their founders, the late Mark Berman and Eliot Lander, judgment in the FDA's attempt to shut them down for their SVF (stromal vascular fraction) stem cell treatment. Of course, the feds were going to appeal.
- [Round Two coming up in the AB 2098 Cali. Covid "Misinformation" Wars](https://rickjaffeesq.com/2022/10/07/round-two-coming-up-in-the-ab-2098-cali-covid-misinformation-wars/) - As I've stated in many of my AB 2098 posts, there will be several lawsuits challenging AB 2098. The first one was filed a couple of days ago. The plaintiffs are a psychiatrist who is already under investigation for public Covid misinformation to the public. The other plaintiff is a well-known physician activist who has
- [Getting to Love AB 2098 (not)](https://rickjaffeesq.com/2022/10/03/getting-to-love-ab-2098-not/) - As feared but expected, Governor Newsom signed into law AB 2098. New laws go into effect January 1st of the following year, so unless I am missing something, or unless enjoined by a court, starting 1/1/2023 the California Business and Profession Code will have a new provision, Section 2270 which provides as follows: 2270. (a)
- [The Mackenzie Covid Misinformation Lawsuit is Dismissed](https://rickjaffeesq.com/2022/09/28/the-mackenzie-covid-misinformation-lawsuit-is-dismissed/) - Yesterday afternoon, I appeared in Sacramento federal court for a hearing (i.e., listening to the judge's decision and getting a limited opportunity to respond) on our motion for a preliminary injunction and the Board's motion to dismiss the case. Per the title: the Board 1, Mackenzie/Jaffe 0. I thought I was right on the law
- [AB 2098, some final thoughts before the Governor does what he's going to do](https://rickjaffeesq.com/2022/09/26/ab-2098-some-final-thoughts-before-the-governor-does-what-hes-going-to-do/) - I've read that Governor Newsom has over 500 bill sitting on his desk waiting for his signature. One of them is AB 2098, which would make it a disciplinable offense for a physician to provide a patient with advice or treatment recommendations not consistent with the mainstream ever-changing and often backtracking Covid narrative. I and
- [Paperwork on the Mackenzie Preliminary Injunction Motion Done, and more surprising stuff comes out](https://rickjaffeesq.com/2022/09/02/paperwork-on-the-mackenzie-preliminary-injunction-motion-done-and-more-surprising-stuff-comes-out/) - As you all know, back in early July, I filed a lawsuit against the Cali. Medical Board for starting an unconstitutional investigation against a Cali physician based on a complaint about his public comments during a school board Zoom meeting. You'll recall that the Federation of State Medical Board back in July, 2021 called for
- [My Thoughts on Judge Bernal's Decision in the Cell Surgical Network Case](https://rickjaffeesq.com/2022/09/15/my-thoughts-on-judge-bernals-decision-in-the-cell-surgical-network-case/) - As anyone following the private stem cell clinic saga knows, on August 30, 2022, California District Court Judge Jesus Bernal issued his decision and final judgment on the FDA attempt to enjoin Drs. Mark Berman and Eliot Lander from continuing to use their adipose stem cell treatments on patients. Their affiliate based company Cell Surgical
- [Breaking News! You're not Going to Believe what the Cali. Medical Board is NOT Doing!](https://rickjaffeesq.com/2022/08/24/breaking-news-youre-not-going-to-believe-what-the-cali-medical-board-is-not-doing/) - As many of you know, I have been hard at work on a big First Amendment case to stop the Cali. Medical Board (and maybe soon other medical boards soon) from investigating physicians for their public criticism of the mainstream Covid narrative. I happen to think that a physician has an unfettered right to express
- [Update: Preliminary Injunction Motion filed against the Cali. Medical Board!](https://rickjaffeesq.com/2022/08/10/update-preliminary-injunction-motion-filed-against-the-cali-medical-board/) - Yesterday afternoon, I filed a Motion for a Preliminary Injunction to stop the Cali. Medical Board from continuing investigating physicians for spreading so-called "Covid Misinformation" to the public. The hearing on the motion will likely be at the end of September. I think there is an excellent chance the judge will grant the motion. I
- [My Interview with Allison Royal on the Mckenzie lawsuit](https://rickjaffeesq.com/2022/08/01/my-interview-with-allison-royal-on-the-mckenzie-lawsuit/) - Yesterday, I did an interview with now independent journalist Allison Royal on the Mackenzie case. Here is the link. https://rumble.com/v1ec0cn-ca-medical-board-drops-investigation-of-doctor-that-spoke-out-at-school-boa.html I had never heard of her so I dug around the internet and found out that she walks the walk. She had been a tv reporter for a San Diego TV station, and by all
- [Pretty Big Update on Mackenzie vs Cali. Medical Board: Board closes its investigation after we file suit, and we just filed an amended complaint](https://rickjaffeesq.com/2022/07/29/pretty-big-update-on-the-mackenzie-vs-cali-medical-board-board-closes-its-investigation-after-we-file-suit-and-we-just-filed-an-amended-complaint/) - Perhaps by coincidence or lucky timing, six days after we filed the lawsuit against the Cali. Medical Board for investigating Doug Mackenzie for "covid misinformation," the Board send him a letter saying that it was closing its investigation (which investigation was commenced in December 2021). I figured that would happen. So, today I filed an
- [How often has the CDC and the Medical Authorities been Wrong about Covid? Let me count the ways. (with apologies to Elizabeth Barrett Browning)](https://rickjaffeesq.com/2022/07/14/how-often-has-the-cdc-and-the-medical-authorities-been-wrong-about-covid-let-me-count-the-ways-with-apologies-to-elizabeth-barrett-browning/) - For my preliminary injunction motion in Mackenzie v Prasifka, I'd like to follow up something I talked about in the complaint and list all the ways the CDC and infectious disease experts got it wrong and had to reverse court and how subsequent studies confirmed things that the critics had been saying all along based
- [LAWSUIT! CALI. MEDICAL BOARD SUED FOR FREE SPEECH VIOLATIONS, (and there might be more lawsuits coming)](https://rickjaffeesq.com/2022/07/11/lawsuit-cali-medical-board-sued-for-free-speech-violations-and-there-might-be-more-lawsuits-coming/) - Stop the Medical Board's intimidation/investigation, censorship, and sanctioning of doctors who disagree with ever-evolving, erratic, and contradictory Covid edicts
- [Watch Me on the Robert Scott Bell Show Today, July, 13th at 12:00 PM PDT speaking about my case defending physician free speech against government censorship](https://rickjaffeesq.com/2022/07/13/watch-me-on-the-robert-scott-bell-show-today-july-13th-at-1200-pm-pdt-speaking-about-my-case-defending-physician-free-speech-against-government-censorship/) - I'll be on Robert's show today discussing the Mackenzie v. Prasifka (the ED of the Cali Medical Board). I'll go into how I see the case going and why I think this case will end up at the Supremes in the next six-eight months. here is the link to listen to the show. http://www.robertscottbell.com/listen/ I
- [AB 2098: Is the Cali. Legislature going to Add Fourth Amendment Illegality to this First Amendment Unconstitution bill?](https://rickjaffeesq.com/2022/06/30/ab-2098-is-the-cali-legislature-going-to-add-fourth-amendment-illegality-to-this-first-amendment-unconstitution-bill/) - Something may be afoot as AB 2098 passes through the Senate's halls, but I can't quite figure it out. So, I thought I'd kick it around with you and increase public vigilance. After AB 2098 passed through the business and professional committee, a 12-page legislative analysis/summary was put out by a consultant, one Sarah Mason.
- [As Expected, AB 2098 Moves on to the Senate Appropriations Committee](https://rickjaffeesq.com/2022/06/27/as-expected-ab-2098-moves-on-to-the-senate-appropriations-committee/) - The hearing before the Senate professions committee (not its actual name) just ended. 8-4 (I assume on party lines) in favor of moving the bill. The bill goes next to the Senate appropriations committee. The bill will surely pass through that committee. I was surprised by a few things: First and foremost, the sponsor, Assemblyman
- [Let's Get it Rolling about the Abortion Issue, and you guessed it, Roe v Wade is GONE, GONE, GONE](https://rickjaffeesq.com/2022/06/24/lets-get-it-rolling-about-the-abortion-issue-and-you-guessed-it-roe-v-wade-is-gone-gone-gone/) - Let's be clear about the fundamental issue involved in the upcoming and prior abortion cases. You could say that the issue is whether women have a fundamental and absolute right to control their own bodies. I don't think that is the issue because that has already been decided and the answer is no, there is
- [For Grins, here's my prediction on the Supreme's decision on Abortion](https://rickjaffeesq.com/2022/06/24/for-grins-heres-my-prediction-on-the-supremes-decision-on-abortion/) - Roe v. Wade is overturned by 5 justices of the Supreme Court. Roberts concurred with the result but wouldn't go as far as the Five who overturned it. The justices who told the Senate with a straight face that Roe is a strong precedent and "settled law" that is entitled to stare decisis protection concurred
- [Breaking News: The Supremes Just Struck Down NY's and Every States' Right to Impose Open Carry Gun restrictions; It's Going to Suck to be a Cop](https://rickjaffeesq.com/2022/06/23/breaking-news-the-supremes-just-struck-down-nys-and-every-states-right-to-impose-open-carry-gun-restrictions-its-going-to-suck-to-be-a-cop/) - The Supremes have just released its opinion on New York's open carry of guns law, aka New York State Rifle & Pistol Association v Bruen. . Here are the opinions. 20-843_7j80 In short, the Supremes (or the conservative majority) struck down the New York law which restricted the open carrying of legally owned guns because
- [AB 2098 gets amended again, and the very minor protection is gone](https://rickjaffeesq.com/2022/06/22/ab-2098-gets-amended-again-and-the-very-minor-protection-is-gone/) - To recap, AB 2098 is California's attempt to effectuate the Federation of State Medical Board's call-to-action to state medical boards to sanction physicians for criticizing the mainstream Covid narrative. The bill passed the Assembly and is now before the Senate. It is scheduled for a hearing on Monday, June 27th. In the last couple of
- [Still No Word From Cali. Judge Bernal on the Cell Surgical Network Case, But at this Point it Almost Doesn't Matter](https://rickjaffeesq.com/2022/06/17/still-no-word-from-cali-judge-bernal-on-the-cell-surgical-network-case-but-at-this-point-it-almost-doesnt-matter/) - 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
- [The Cali Medical Board is Investigating Docs for "Covid Misinformation" and the Docs Shouldn't Take it!](https://rickjaffeesq.com/2022/06/15/the-cali-medical-board-is-investigating-docs-for-covid-misinformation-and-the-docs-shouldnt-take-it/) - 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
- [Do Covid Patients Have the Right to Take Non Standard of Care Treatments Like Ivermectin and HCQ?](https://rickjaffeesq.com/2022/06/06/do-covid-patients-have-the-right-to-take-non-standard-of-care-treatments-like-ivermectin-and-hcq/) - 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
- [A little More on Cali. SB 276/714 Permanent Medical Exemptions](https://rickjaffeesq.com/2022/06/02/a-little-more-on-cali-sb-276-714-permanent-medical-exemptions/) - 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
- [What's Next for Cali. AB 2098, and What it Means for Docs if it passes](https://rickjaffeesq.com/2022/05/31/whats-next-for-cali-ab-2098-and-what-it-means-for-docs-if-it-passes/) - 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
- [More on Cali. AB 2098 and what it means for Docs and their patients](https://rickjaffeesq.com/2022/05/20/more-on-cali-ab-2098-and-what-it-means-for-docs-and-their-patients/) - 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
- [Sad Update on the Cell Surgical Network Stem Cell Case and its Implications: RIP Dr. Mark Berman](https://rickjaffeesq.com/2022/05/18/sad-update-on-the-cell-surgical-network-stem-cell-case-and-its-implications-rip-dr-mark-berman/) - 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.
- [My Analysis and Opposition to AB 2098 to the Assembly Appropriations Committee](https://rickjaffeesq.com/2022/04/29/my-analysis-and-opposition-to-ab-2098-to-the-assembly-appropriations-committee/) - 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
- [Stoller SB 277 Petition for Review Denied](https://rickjaffeesq.com/2022/04/21/stoller-sb-277-petition-for-review-denied/) - 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
- [What exactly are the ACIP and Red Book Guidelines?](https://rickjaffeesq.com/2022/04/21/what-exactly-are-the-acip-and-red-book-guidelines/) - 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
- [Digging into the the Recent Possible Future Changes to AB 2098: Color Me Sceptical/AND MY OWN REVISION WHICH FIXES EVERYTHING!](https://rickjaffeesq.com/2022/04/19/digging-into-the-the-recent-possible-future-changes-to-ab-2098-color-me-sceptical-and-my-own-revision-which-fixes-everything/) - Let me try to set out where we are today, before the hearing on SB 2098 which bill originally made sanctionable physicians who publically spread covid misinformation. The original bill The bill was dropped on February 14th. It created a new form of misconduct that the medical board could prosecute and that being a physician
- [AB 2098, The Cali. Bill Disciplining Physicians for "Covid Misinformation": Some  Context and Predictions](https://rickjaffeesq.com/2022/04/18/ab-2098-the-cali-bill-disciplining-physicians-for-covid-misinformation-some-context-and-predictions/) - Tomorrow, April 19th is the first hearing on AB 2098 which would subject physicians to disciplinary action for "spreading covid misinformation", and that misinformation being opinions, facts and even publicizing scientific studies which are inconsistent with the position of the public health officials and infectious disease specialists. Here is the bill if you haven't seen
- [Really Good News for Californians Opposed to Mandatory COVID School Vaccination](https://rickjaffeesq.com/2022/04/15/really-good-news-for-californians-opposed-to-mandatory-covid-school-vaccination/) - Parents had been contacting me about the effect of all these new California vaccine mandates. I was reluctant to respond for many reasons, not the least of which is that I had heard some rumblings that the usually legislatively effective Senator Pan was having trouble with his bill to add the COVID vaccine to the
- [My Interview on the Paul Thomas, MD CHD Podcast "Against the Wind"](https://rickjaffeesq.com/2022/04/14/my-interview-on-the-paul-thomas-md-chd-podcast-against-the-wind/) - Recently, Paul Thomas contacted me about one of my posts. He wanted to interview me for his show about some of the current vaccine issues and where we should go from here. I think it was a pretty good discussion. (Here is the post which caught his eye: https://rickjaffeesq.com/2022/03/09/some-big-picture-thinking-as-covid-mandates-wind-down-around-the-world/) As most of you know, Paul
- [Cali. SB 920 Bites the Dust! (For now at least)](https://rickjaffeesq.com/2022/04/01/cali-sb-920-bites-the-dust-for-now-at-least/) - Yesterday, SB 920's bill sponsor pulled the bill. Here is her statement. https://sd14.senate.ca.gov/news/press-release/hurtado-releases-statement-her-decision-pull-senate-bill-920 To recap, SB 920 is (was) a bill that would have allowed medical board investigators and consultants to show up at a physician's office unannounced, execute a de facto, informal search warrant (without a judicial order) an give them a sneak peek
- [The Cali. Medical Board is Trying the Get the Power to Conduct Warrantless Searches, but I don't think that dog will hunt](https://rickjaffeesq.com/2022/03/28/the-cali-medical-board-is-trying-the-get-the-power-to-conduct-warrantless-searches-but-i-dont-think-that-dog-will-hunt/) - At the Medical Board of California's behest, the Senate has introduced SB 920 which grants the Board power to conduct warrantless searches of a physician's office including medical records without the patient's prior knowledge or consent. This bill is a radical departure from current practice, and I happen to think the bill is unconstitutional. This
- [Some Big Picture Thinking as COVID Mandates Wind Down Around the World](https://rickjaffeesq.com/2022/03/09/some-big-picture-thinking-as-covid-mandates-wind-down-around-the-world/) - We are about to begin the third year of the COVID pandemic. Restrictions are rapidly winding down throughout the country (and the world). It is the hope and expectation that we are entering the endemic stage of the disease and normalcy will return. Therefore, it is a good time to reflect on things in a
- [Solving the Ivermectin Access Problem](https://rickjaffeesq.com/2022/03/21/solving-the-ivermectin-access-problem/) - My last post suggested that it was very risky for physicians to prescribe Ivermectin and HCQ because the standard of care is against their use for covid, and pharmacists can and are reporting physicians who so prescribe to the medical boards. The conceptually simple but practically hard solution to this problem is to bar the
- [Some Informal Advice for Docs writing Ivermectin and HCQ Scripts](https://rickjaffeesq.com/2022/03/16/some-informal-advice-for-docs-writing-ivermectin-and-hcq-scripts/) - I have worked on medical board cases around the country for a long time. My particular specialty is unconventional therapies, either not FDA approved/cleared, or off-label use of FDA approved therapies (and diagnostics). I also spent a couple of decades advocating for expanded access to investigational drugs. We are two years into the COVID pandemic.
- [New Cali AB 2098 Seeks to Make Public Speech by Physicians Board Sanctionable](https://rickjaffeesq.com/2022/02/15/new-cali-ab-2098-seeks-to-make-public-speech-by-physicians-board-sanctionable/) - Yesterday, February 14th, AB 2098 was dropped by Assembly Member Law and two others Assembly folk, and co-authored by, you guessed it, Senator Richard Pan. The bill makes physicians who publicly speak about COVID subject to professional discipline for providing misinformation. The bill has some (4 for now) requirements for a finding of misconduct. The
- [Stoller Petition for Review filed with the Cali. Supreme Court](https://rickjaffeesq.com/2022/02/14/stoller-petition-for-review-filed-with-the-cali-supreme-court/) - Today I filed the the petition for review in Ken Stoller's medical board case. It's a long shot (at best) that the case will be accepted for the highly discretionary review by the court. It's not like an appeal to an appellate court which has to take a case. It is more like (or exactly
- [Stoller Writ of Mandate (to the Court of Appeals) Denied; Next Step, the Cali. Supreme Court](https://rickjaffeesq.com/2022/02/09/stoller-writ-of-mandate-to-the-court-of-appeals-denied-next-step-the-cali-supreme-court/) - stollerwritofmandaterajLast Friday, the Sacramento appellate court denied Ken Stoller's writ of mandate seeking to overturn the Sacramento superior court's denial of our writ of administrative mandate. As is often the case in what are called "extraordinary writs," the appellate court didn't have much to say on the merits, and that's an understatement. Here is the
- [Are we going to have compulsory covid vaccination in the US for all people?](https://rickjaffeesq.com/2022/02/06/are-we-going-to-have-compulsory-covid-vaccination-in-the-us-for-all-people/) - I don't think so. See my you tube vlog for why not, as well as a short history of vaccine mandates, and the difference between mandates and compulsory vaccination. https://youtu.be/gzkNUkT4Gbs Rick Jaffe, Esq.
- [Are you confused about all the Vaccine Mandate Litigation? Here is a fairly comprehensive Update of Where We Stand](https://rickjaffeesq.com/2022/01/26/are-you-confused-about-all-the-vaccine-mandate-litigation-here-is-a-fairly-comprehensive-update-of-where-we-stand/) - As I have repeatedly said, it is hard to keep track of all the covid vaccine mandate litigation, so once again here is where we are. This is going to be short and simple, and Much of the information comes from a recent post by the Alaska State government which is at the forefront with
- [First YouTube Post on SB 871 and vaccine mandates is up](https://rickjaffeesq.com/2022/01/28/first-youtube-post-on-sb-871-and-vaccine-mandates-is-up/) - Here is the link. https://youtu.be/t0dfWuGJz4Q I had some technical problems and I haven't quite figured out the YouTube editing deal. So pardon the glitches. It's about 30 minutes and starts with some recent thoughts about how to analyze these vaccine mandate cases. then goes on to SB 871 and some things which I think needs
- [First Live Stream YouTube Vlog, Tomorrow, 1/28 at 9 AM PST on Cali. SB 871](https://rickjaffeesq.com/2022/01/27/first-live-stream-youtube-vlog-tomorrow-1-28-at-9-am-pst-on-cali-sb-871/) - As promised/threatened, I'm starting a YouTube channel on health law. I was going to start off with the CDC's recent findings supporting natural immunity, but in light of Senator Pan's dropping his COVID mandate bill, SB 871, I thought I'd start with that. I will take up the natural immunity in the next one, suggesting
- [Short Term Chaos for the New York State Mask Mandate, and what this means (and doesn't) for the National Situation](https://rickjaffeesq.com/2022/01/25/short-term-chaos-for-the-new-york-state-mask-mandate-and-what-this-means-and-doesnt-for-the-national-situation/) - As has been widely reported in the news last night, a Long Island Supreme Court justice (and that would the equivalent of a superior court judge in California or a district court judge in Texas) barred the enforcement of the NY Governor's mask mandate for schools. BUT THAT'S NOT THE INTERESTING PART After the judge
- [Another Day, Another Biden Vaccine Mandate Blocked](https://rickjaffeesq.com/2022/01/21/another-day-another-biden-vaccine-mandate-blocked/) - A Texas federal judge has today granted a preliminary injunction staying an executive order requiring all federal employees to be vaccinated. Here is the decision. Fed Contractor Mandate blocked! The Texas district court, in large part, based its decision on the recent Supreme Court decision blocking OSHA's vaccine or testing and mask mandate. The court
- [Split Decisions by the Supremes on COVID Mandates: OSHA NO; Health Care workers have to get the jab!](https://rickjaffeesq.com/2022/01/13/split-decisions-by-the-supremes-on-covid-mandates-osha-n-o-health-care-workers-have-to-get-the-jab/) - The Supremes have just rejected the Biden OSHA mandate which would have forced employers of around 84.2 million employees to either impose a vaccine mandate or a testing and masking alternative. It was a predictable 6-3 decision with the liberal judges in the minority. It was a per curium (unsigned) majority opinion. Justice Breyer as
- [This is What I think the Supremes Should Do and Will Do on the Biden OSHA and COVID Mandates](https://rickjaffeesq.com/2022/01/09/this-is-what-i-think-the-supremes-should-do-and-will-do-on-the-biden-osha-and-covid-mandates/) - In yesterday's post, I gave a summary of what I thought were some of the best, most interesting, or surprising points made in the oral arguments on the OSHA and CMS mandates. I have thought about it all some more. In my posts, I usually give predictions of how I think a court will rule
- [Some Observations on the Supreme's Oral Arguments on the Biden COVID Vaccine Mandates](https://rickjaffeesq.com/2022/01/08/some-observations-on-the-supremes-oral-arguments-on-the-biden-covid-vaccine-mandates/) - I listened to the oral argument yesterday on the two Biden mandates, and that would be the OSHA mandate for employers with 100 or more employees to mandate the vaccine or testing and masking for those choosing not to vaccinate, and the CMS vaccine mandate covering health care facilities that receive Medicare payments or Medicaid.
- [Do you want to get some of the basics about vaccine mandate litigation, but rest your eyes? Then listen to my podcast X 2+++++](https://rickjaffeesq.com/2022/01/04/do-you-want-to-get-some-of-the-basics-about-vaccine-mandate-litigation-but-rest-your-eyes-then-listen-to-my-podcast-x-2/) - I have written much about all the vaccine litigation swirling around the courts. One of my recent posts was read by the highly regarded California appellate attorney Tim Kowal. Tim along with another successful appellate attorney, Jeff Lewis host a podcast for California trial and appellate attorneys focusing on substantive issues as well as trial
- [Figuring out employees' rights in the COVID mandate world, and some moderately helpful government guidance](https://rickjaffeesq.com/2022/01/03/figuring-out-employees-rights-in-the-covid-mandate-world-and-some-moderately-helpful-government-guidance/) - I don't know about you, but with all the litigation, I have been struggling to figure out what rights employees have if they don't want to get the COVID shot. As a lawyer and former student of analytic philosophy, I'm big on putting things into categories to help understand complicated and seemingly contradictory data points.
- [Kelly Sutton's Medical License is Revoked by the Medical Board of California](https://rickjaffeesq.com/2021/12/15/kelly-suttons-medical-license-is-revoked-by-the-medical-board-of-california/) - We got word a few days ago that the Medical Board adopted the Administrative Law Judge's proposed decision to revoke her medical license for writing 8 medical exemptions that were not compliant with the CDC's ACIP guidelines. It was a tough but not unexpected decision given the hostility the Board has against doctors who were
- [To California Physicians Thinking about Settling an Accusation with the Medical Board: Think fast because it's going to cost you plenty if you wait until next year, meaning in 22 days](https://rickjaffeesq.com/2021/12/10/to-california-physicians-thinking-about-settling-an-accusation-with-the-medical-board-think-fast-because-its-going-to-cost-you-plenty-if-you-wait-until-next-year-meaning-in-22-days/) - For some time now, the Medical Board has been the only licensing board which did not impose cost recovery on licensees who violate the standard of care or any other violation of a licensing statute. This was per a statutory carve-out from the general cost recovery requirement for disciplinary cases contained in Bus & Prof.
- [The Whirlwind of COVID Mandates and Mandate Litigation Continues; Some Things are Becomming Clearer, but the New Variant Might Further Muddy the Waters, and SOME BREAKING NEWS!](https://rickjaffeesq.com/2021/12/07/the-whirlwind-of-covid-mandates-and-mandate-litigation-continues-some-things-are-becomming-clearer-but-the-new-variant-might-further-muddy-the-waters-and-some-breaking-news/) - Unless you're following this full time and have a spreadsheet, there is so many new mandate orders and resulting litigation, it is hard to keep track of everything that is happening. Up until the new variant, I think we could see some patterns in the decisions. Someone with more technical skills than me might be
- [All eyes are now on the Sixth Circuit as it considers whether to lift the Fifth Circuit's stay of the Biden OSHA COVID mandate](https://rickjaffeesq.com/2021/11/23/all-eyes-are-now-on-the-sixth-circuit-as-it-considers-whether-to-lift-the-fifth-circuits-stay-of-the-biden-osha-covid-mandate/) - To recap, the Fifth Circuit recently stayed the implementation of the Biden Administration's OSHA-created COVID vaccine mandate. I think the Fifth Circuit's decision is clear, cogent, and powerful. Here it is and it is well worth reading. 5th Stay And let's face it, there aren't many opportunities to read appellate court decisions which temporarily stop
- [The OSHA COVID Mandate Overreach (updated)](https://rickjaffeesq.com/2021/11/18/the-osha-covid-mandate-overreach/) - I have to say, I didn't see the OSHA COVID mandate coming. I get Jacobson (and I happen to think that the core legal principle will be upheld), but part of what I take from that case is that it's the police powers of the states and local governments which are directly responsible for public
- [If You are a Kaiser employee or have a child in the San Diego School District and were hoping for injunctive relief from the COVID Mandate, sorry, it's not happening](https://rickjaffeesq.com/2021/11/20/if-you-are-a-kaiser-employee-or-have-a-child-in-the-san-diego-school-district-and-were-hoping-for-injunctive-relief-from-the-covid-mandate-sorry-its-not-happening/) - Yesterday, federal courts in the Northern and Southern districts of California denied requests for injunctive relief for Kaiser employees and San Diego school district kids whose parents didn't want them to take the COVID vaccine. No surprises here. The SD school district case upheld the mandate that prohibits in-person learning or in-person extracurricular activities without
- [Surprise, Surprise: The FDA is Losing Big Time the War against Unregulated Stem Cell Clinics](https://rickjaffeesq.com/2021/11/10/surprise-surprise-the-fda-is-losing-big-time-the-war-against-unregulated-stem-cell-clinics/) - Since stem cells and other HCT/P's have come into clinical use in the early 2000s, (starting with one of my maverick doctor clients in the South), the FDA has attempted to regulate the field. Early on, the FDA adopted HCT/P regulations, that would be 21 CRF 1271. These regs made clear that allogeneic and expanded/cultured
- [Religious Exemption Guidance from the EEOC](https://rickjaffeesq.com/2021/11/03/religious-exemption-guidance-from-the-eeoc/) - I receive many requests for consultations to help filling out employer religious exemption requests. For many reasons, not the least of which is my litigation work, I don't offer that service. However, the EEOC publishes some pretty good information about the religious exemptions requirements (and what it does not require), including some information about how
- [There is more to the Supreme Court's Decision Not to Hear Maine's Heathcare Worker's Vaccine Mandate than the Headline](https://rickjaffeesq.com/2021/10/31/there-is-more-to-the-supreme-courts-decision-not-to-hear-maines-heathcare-workers-vaccine-mandate-than-the-headline/) - On Friday it was widely reported that the Supreme Court decided not to take up an emergency application for a stay of Maine's vaccine mandate for healthcare workers, which mandate had a medical but not a religious exemption/accommodation. But, there was actually more going on at the Supremes than the headline indicated, and it is
- [Breaking News on the Second Circuit's Review of the NY Department of Health Vaccine Mandate and MORE BREAKING NEWS FROM THE SUPREME COURT](https://rickjaffeesq.com/2021/10/29/breaking-news-on-the-second-circuits-review-of-the-ny-department-of-health-vaccine-mandate-and-more-breaking-news-from-the-supreme-court/) - As expected, the the Second Circuit has just issued an order reversing the Northern District of New York's preliminary injunction barring New York from enforcing its COVID vaccine mandate for New York State health care practitioners. It also affirmed the Brooklyn district court's denial of the preliminary injunction against the same law filed by We
- [My Prediction about the The Second Circuit's Oral Argument on the NY Department of Health COVID Vaccine Mandate on Health Care Workers Case](https://rickjaffeesq.com/2021/10/27/my-prediction-about-the-the-second-circuits-oral-argument-on-the-ny-department-of-health-covid-vaccine-mandate-on-health-care-workers-case/) - My prediction: 3-0 vote to overturn the Northern District's preliminary injunction order and affirm the Brooklyn District Court's denial of a preliminary injunction The scariest moment for Judge Debra Livingston (and maybe the rest of the panel): She asked the We the Patriots Attorney if they ruled that the DOH order violated the free exercise
- [Do Employees Have a Right to a Religious Exemption from the COVID Vaccine Mandate?](https://rickjaffeesq.com/2021/10/27/do-employees-have-a-right-to-a-religious-exemption-from-the-covid-vaccine-mandate/) - Hell if I know, but I think we all might find out soon. Later today, October 27th, the Second Circuit Court of Appeals will decide whether the New York state emergency order which mandated the COVID shot for all state health care workers will go into effect, or whether it will continued to be stayed
- [Northern District of New York Grants a Preliminary Injunction Against the NY State Emergency Mandatory COVID Vaccination Order with Did Not Contain a Religious Exemption/Accommodation](https://rickjaffeesq.com/2021/10/12/northern-district-of-new-york-grants-a-preliminary-injunction-against-the-ny-state-emergency-mandatory-covid-vaccination-order-with-did-not-contain-a-religious-exemption-accommodation/) - Previously, a Northern Disrict of New York federal district judge issued a TRO against New York State from enforcing its COVID vaccine mandate for all New York state health care workers. The original emergency order issued by the Health Commission had the religious exemption in it, in addition to the medical exemption. But the subsequent
- [More Action On the Vaccine Mandate Front including some Good News on the Religious Exemptions/Accommodations](https://rickjaffeesq.com/2021/10/09/more-action-on-the-vaccine-mandate-front-including-some-good-news-on-the-religious-exemptions-accommodations/) - It seems like each day brings new lawsuits and/or decisions on the mandatory vaccination issue. Yesterday, the Sixth Circuit denied the Michigan university's attempt to stay the district court's preliminary injunction barring the university from denying student athletes from participating in sports activities because they were unvaccinated Here is the decision. 6thcircuit People opposed to
- [Next Week We May Actually Know Something about Whether the Religious Accommodation to the Covid Vaccine is Meaningful](https://rickjaffeesq.com/2021/10/07/next-week-we-may-actually-know-something-about-whether-the-religious-accommodation-to-the-covid-vaccine-is-meaningful/) - I confess to being alittle confused about the meaning and effect of the religious accommodation to the Covid mandate. Let me start by telling you what I do know and what some of you might not know, appreciate or accept. I don't care what people call it, it is not an exemption, in the sense
- [Cancer Doc Stanislaw Burzynski explains his theory of cancer and his targeted gene therapy approach (and my worlds collide)](https://rickjaffeesq.com/2021/10/02/cancer-doc-stanislaw-burzynski-explains-his-theory-of-cancer-and-his-targeted-gene-therapy-approach-and-my-worlds-collide/) - For those of you who don't know about him, Stanislaw Burzynski has been treating advanced cancer patients since the late 1970s with a novel peptide compound he discovered (and later synthesized). In the last dozen or so years he has been on the cutting edge of multi-agent targeted gene therapy in what is called personalized
- [The Second Circuit Grants a TRO until the appeal is heard on October 14th](https://rickjaffeesq.com/2021/09/30/the-second-circuit-grants-a-tro-until-the-appeal-is-heard-on-october-14th/) - The Second Circuit in the We the People health care worker case granted a TRO but it is not a separate or independent TRO. Here is the language of the decision: "Plaintiffs-Appellants move for a temporary injunction pending resolution of this appeal, prohibiting enforcement of New York State’s regulation requiring vaccination of specified healthcare workers.
- [The Oral Argument in the We The People Health Care Workers Case is over; decision pending](https://rickjaffeesq.com/2021/09/29/the-oral-argument-in-the-we-the-people-health-care-workers-case-is-over-decision-pending/) - The oral argument in the stay of the New York State regulation mandating Covid vaccination (with no religious exemptions) has just finished. The judges took the case under submission, meaning they will issue a decision sometime in the very near future. (I am thinking by the close of business today, or tomorrow at the latest).
- [So What Case is going to be heard at the Second Circuit Tomorrow?](https://rickjaffeesq.com/2021/09/28/so-what-case-is-going-to-be-heard-at-the-second-circuit-tomorrow/) - So here's the deal. We the Patriots as plaintiffs filed two lawsuits in Brooklyn federal court recently. The teachers' lawsuit challenged the NYC vaccine mandate. The other suit by the group and some health care workers challenged the state vaccine mandate for state health care workers. Here is the complaint in that health care workers'case.
- [All Eyes are on Tomorrow's Second Circuit's hearing in Maniscalco v. City of New York (Second Update)](https://rickjaffeesq.com/2021/09/28/all-eyes-are-on-tomorrows-second-circuits-hearing-in-maniscalco-v-city-of-new-york/) - Tomorrow, Wednesday, September 29th, a three-judge panel of the Second Circuit Court of Appeals will hear arguments on continuing the stay of NY City's vaccine mandate for school teachers and other school employees. To recap, the district court denied a preliminary injunction motion on 9/23, but a circuit judge issued a stay of the vaccine
- [Update on the FDA's California Stem Cell Case: So is SVF (i.e., sort of stem cells) a New Drug? That is the question](https://rickjaffeesq.com/2021/09/13/update-on-the-fdas-california-stem-cell-case-so-is-svf-i-e-sort-of-stem-cells-a-new-drug-that-is-the-question/) - Here is where the case stands as of September 13, 2021: Closing arguments were held on August 20th. The Judge set a short post-closing briefing schedule and both sides did briefs and replies, mostly on the definition of HCT/P's. The reply briefs were submitted, per the judge's order, on September 1st, as of which day
- [The Texas Abortion Law Mess](https://rickjaffeesq.com/2021/09/10/the-texas-abortion-law-mess/) - The right-wing wingnuts running Texas have finally figured out how to practically nullify Roe v. Wade. Many fear that other states will follow the Texas legal template of insulating the Texas government's actions by deputizing the nationwide anti-abortion activists to enforce the new restrictions. It's a good tactic, what I would call the swarm. If
- [More Good News on the Religious Exemption Front! NY Federal Judge Issues a TRO Against the Denial of Religious Exemptions; Now it's getting interesting and Maybe it's an end-around Jacobson in this and other such actions](https://rickjaffeesq.com/2021/09/14/more-good-news-on-the-religious-exemption-front-ny-federal-judge-issues-a-tro-against-the-denial-of-religious-exemptions-now-its-getting-interesting-and-maybe-its-an-end-around-jacobson-in-this/) - At 10:00 AM this morning, a Northern District of NY federal judge signed a TRO stopping the new Governor and the Department of Health from a bunch of things relating to religious exemptions being denied to state health care workers. Here is the order. order Here is the complaint. It is interesting because it's not
- [Some Really Good News on the Religious Exemption Front](https://rickjaffeesq.com/2021/09/01/some-really-good-news-on-the-religious-exemption-front/) - After yesterday's tough news about the denial of Ken Stoller's writ, I thought I'd share some promising news that just came across my computer. A Michigan federal just has just issued a TRO barring a University from stopping four female athletes from participating in collegiate sports after the University denied their religious exemption requests. The
- [Ken Stoller's Appeal/Writ DENIED!](https://rickjaffeesq.com/2021/08/31/ken-stollers-appeal-writ-denied/) - I just received a copy of the judge's decision. Our writ/appeal was denied. The judge rejected all our arguments, like he did when the case was presented to him at the initial hearing back in March. He seemed to have forgotten or changed his mind about the issues and questions he had about the Board's
- [Still No Word on Ken Stoller's Appeal/Writ of Administrative Mandate](https://rickjaffeesq.com/2021/08/31/still-no-word-on-ken-stollers-appeal-writ-of-administrative-mandate/) - I have been receiving requests for the status of Ken Stoller's appeal (writ) in his licensing case. Nothing to report as of the close of business Monday, August 30, 2021. It has been five weeks since the hearing, but this is a complicated case with competing interests. These writ cases which review medical board decisions
- [Status of the UC COVID Vaccine Mandate Cases](https://rickjaffeesq.com/2021/08/30/status-of-the-uc-covid-vaccine-mandate-cases/) - There might be some misinformation circulating about the status of the injunction actions against the UC COVID vaccine mandates. I am not involved in either of the two cases against the UC of which I am aware, but for what it's worth, here is what I know and what I think. 1. The Frontline Doctors
- [Update On the UC COVID Mandate Challenge filed by Frontier Doctors](https://rickjaffeesq.com/2021/08/19/update-on-the-uc-covid-mandate-challenge-filed-by-frontier-doctors/) - As expected, the Ninth Circuit Court of Appeals denied emergency relief seeking to reverse the district court's denial of the preliminary injunction to stop the UC's COVID vaccine mandate for members of the UC community who already had the disease. The thinking behind the lawsuit was that having a narrow group of plaintiffs who already
- [It's Time to Start Thinking about What's Next in the COVID Mandate Challenges](https://rickjaffeesq.com/2021/08/12/its-time-to-start-thinking-about-whats-next-in-the-covid-mandate-challenges/) - The first round in the legal challenges to the state universities' mandate for the COVID vaccine (including a religious accommodation) are all but over, or at least they will be if and when the Indiana University students emergency motion to the Supreme Court does not get a hearing. There should be an answer in a
- [Anyone want to listen to an interesting academic debate on the pros and cons of the COVID vaccine Mandate?](https://rickjaffeesq.com/2021/08/11/anyone-want-to-listen-to-an-interesting-academic-debate-on-the-pros-and-cons-of-the-covid-vaccine-mandate/) - FYI, in general, my posts either try to explain the law (lately, mostly about vaccine issues, but sometimes about stem cells) or relate information about my cases (lately, mostly involving my vaccine/medical exemption cases, but also about my stem cell cases that I can talk about). I try to keep my legal discussions narrow and
- [This Could be a Telling Week in the Legal World of Vaccine Mandates and SB 277 Medical Exemption Cases](https://rickjaffeesq.com/2021/08/09/this-could-be-a-telling-week-in-the-legal-world-of-vaccine-mandates-and-sb-277-medical-exemption-cases/) - Legally/lawsuit wise, and to state the obvious, there is much going in California and around the country on mandatory vaccination and exemptions/accommodations for students and employees. The Indiana University students who are seeking to overturn IU's COVID mandated have filed the paperwork with the Supreme Court seeking an emergency review of the Seventh Circuit’s denial
- [Riverside Federal Judge Denies Frontier Doctor's Injunction Request against the UC COVID Mandate; Mandamus in the Court of Appeals Filed](https://rickjaffeesq.com/2021/08/04/riverside-federal-judge-denies-frontier-doctors-injunction-request-against-the-uc-covid-mandate-mandamus-in-the-court-of-appeals-filed/) - On Friday, July 30, Riverside Federal Judge Jesse Bernal denied an injunction motion filed to stop the enforcement of the UC's COVID mandate against students and employees who have previously had the disease. This was a strategically narrow lawsuit that excluded members of the UC community who have not had COVID. But narrow or not,
- [As Expected, The Seventh Circuit Court of Appeals Denied the Injunction Request of the Indiana University Students against the COVID Vaccine Mandate](https://rickjaffeesq.com/2021/08/02/as-expected-the-seventh-circuit-court-of-appeals-denied-the-injunction-request-of-the-indiana-university-students-against-the-covid-vaccine-mandate/) - As predicted, the federal appellate court denied the request for an injunction pending appeal of the IU students lawsuit against the COVID mandate. Hey, it's an appellate court and it is bound by Jacobson. The decision is only a few pages, but it did mention an issue raised by a commenter about wanting to force
- [My Advice to UC Students (and their Parents) and UC Employees About the Mandate](https://rickjaffeesq.com/2021/07/30/my-advice-to-uc-students-and-their-parents-and-uc-employees-about-the-mandate/) - I am repeatedly asked by parents and UC students what they should do about the UC mandate and what about the legal challenges. Ditto by/from UC employees. I am actually aware of only one filed legal challenge and that is the federal lawsuit recently filed in Riverside County federal court by the Frontier doctor group.
- [No Decision Yet on Ken Stoller's Case. When I know, you'll know](https://rickjaffeesq.com/2021/07/30/no-decision-yet-on-ken-stollers-case-when-i-know-youll-know/) - Per the title, there is no decision yet from the Right Honorable James P. Arguelles on Ken Stoller's appeal (writ of administrative mandate) of the Medical Board's license revocation order. I know many of you have a lot at stake. The judge said it would take a couple of weeks. It's only been 8 days,
- [Ken Stoller Hearing/Oral Argument/No decision yet](https://rickjaffeesq.com/2021/07/23/ken-stoller-hearing-oral-argument-hearing-no-decision-yet/) - It was long, well over an hour. We battled back and forth. The You tube video was up and around for awhile, but I guess the court took it down and doesn't save it or post forever on You Tube. Very smart guy for sure, though he seems to think that the Board gets a
- [Here is the Link to watch the livestream Ken Stoller Hearing Today, July 23rd](https://rickjaffeesq.com/2021/07/23/here-is-the-link-to-watch-the-livestream-ken-stoller-hearing-today-july-23rd/) - So the hearing on Ken Stoller's appeal (writ proceeding) is today at 10:AM PDT. You can watch it live. Here are two links. Here is the Department's You Tube Channel. https://www.youtube.com/channel/UCCQv1lZu_IYNG-kOZcRcWNA This should work, but if you have trouble, try this link and to the link to the you tube channel address and put in
- [Major Update in Ken Stoller's Medical Board Appeal, and it's not half bad](https://rickjaffeesq.com/2021/07/22/major-update-in-ken-stollers-medical-board-appeal-and-its-not-half-bad/) - The judge did not issue a tentative decision in the case today because he wants an oral argument to discuss some issues. Here is what is on the judge's mind in his own words: "Oral argument will be conducted remotely through the Zoom Application. The court clerk will provide counsel with the Zoom ID via
- [Breaking News: Indiana Federal Court Denies Preliminary Injunction to Indiana University Students Seeking to Overturn the School's COVID Mandate](https://rickjaffeesq.com/2021/07/19/breaking-news-indiana-federal-court-denies-preliminary-injunction-to-indiana-university-students-seeking-to-overturn-the-schools-covid-mandate/) - An Indiana federal district court has just denied a preliminary injunction motion by students seeking to overturn Indiana University's covert mandate. The decision is long and well reasoned. It also covers all the big points, including emergency use authorization. The plaintiffs tried to wrap themselves in recent Supreme Court precedent overturning religious restrictions in the
- [Update on the California Medical Board cases against physicians for writing SB 277 medical exemptions.](https://rickjaffeesq.com/2021/07/18/update-on-the-california-medical-board-cases-against-physicians-for-writing-sb-277-medical-exemptions/) - A lot is going on in this space and I will have some answers and timelines for a few of these cases, so let's get to it. Ron Kennedy (not my client or case) As you know, Ron Kennedy's license was put on probation with severe conditions a few months ago. I think many, most
- [So the UC covid vaccine mandate came out, now what? (revised)](https://rickjaffeesq.com/2021/07/17/so-the-uc-covid-vaccine-mandate-came-out-now-what/) - Okay, the UC vaccine COVID mandate came out. One commenter put it succinctly: "get vaccinated, get an exemption , or get fired." That says it all. Anyone who has been reading my posts knows that I been saying this for weeks and months, that the mandate is going to take effect under emergency use status.
- [Two Weeks From the UC COVID Mandate Policy and confusion is still the clearest fact](https://rickjaffeesq.com/2021/07/01/two-weeks-from-the-uc-covid-mandate-policy-and-confusion-is-still-the-clearest-fact/) - As anyone affiliated with the UC knows, the University announced that it will issue its final covid mandate policy on July 15th. Different segments of the community have received different communications depending on what school you are your children are affiliated with and whether you are a student or employee. I have received many requests
- [A Detailed Summary of Kelly Sutton's First Hearing Day (6/14/2021)](https://rickjaffeesq.com/2021/06/28/a-detailed-summary-of-kelly-suttons-first-hearing-day-6-14-2021/) - For those of you who want a blow-by-blow of what happened at Kelly's Sutton's hearing, you're in luck because Kelly took very detailed notes of the first two days of the hearing. (She testified on the third and final day and so didn't take notes). I think we made some excellent and needed points, but
- [Where we are with the mandatory COVID lawsuits and what may be coming in California Soon](https://rickjaffeesq.com/2021/06/25/where-we-are-with-the-mandatory-covid-lawsuits-and-what-may-be-coming-in-california/) - Now that I am finished with Kelly Sutton's medical board hearing, (or at least the evidentiary part of the case), it is time to focus on the COVID mandate situation. (And by the way, if you are interested in the California medical exemption issue, you might want to consider donating to her legal defense fund.
- [What Happened in Kelly Sutton's Medical Board Hearing Last Week](https://rickjaffeesq.com/2021/06/22/what-happened-in-kelly-suttons-medical-board-hearing-last-week/) - My friend, colleague, and vaccine law guru/whisperer (and co-counsel on the case) just published in Bobby Kennedy's Defender a detailed account of the evidence in Kelly Sutton's hearing. I think we got in our licks and made the case for caution and medical exemptions in the eight cases before the judge. When you try cases,
- [Kelly Sutton Medical Board Case Update](https://rickjaffeesq.com/2021/06/17/kelly-sutton-medical-board-case-update/) - here is the link to the campaign update on the case. https://gogetfunding.com/blog-single-update/?blogpre=7171807&single=65436 Rick Jaffe, Esq.
- [Call in info for Kelly Sutton's Medical Board hearing which starts on Monday, June 14th](https://rickjaffeesq.com/2021/06/11/call-in-info-for-kelly-suttons-medical-board-hearing-which-starts-on-monday-june-14th/) - For those of you who want to listen to Kelly Sutton's medical board hearing, here is the call-in information: +1 916-245-8850,,220074720# United States, Sacramento Phone Conference ID: 220 074 720# You will only be able to listen and not see the hearing. It should start at 9 o'clock and it will continue with various breaks
- [Update on Kelly Sutton's Hearing Next week](https://rickjaffeesq.com/2021/06/09/update-on-kelly-suttons-hearing-next-week/) - See my update about the case at https://gogetfunding.com/blog-single-update/?blogpre=7171807&single=65193 Here is Jack Weiler's expert report which now unfortunately the judge won't hear formally. weilerreportwithattachments Here is the expert report from Mahin Khatami. khatamireportandsupplement Both are teriffic. Here is the judge's order which very tersely explains why she won't let them testify. 2321882 Welcome to my world.
- [Supplemental Memo filed in Ken Stoller's Appeal (Writ of Adminitrative Mandate)](https://rickjaffeesq.com/2021/06/08/supplemental-memo-filed-in-ken-stollers-appeal-writ-of-adminitrative-mandate/) - here is the link to the update. https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=65155 Here is the Supplemental Memo. suppmemowithexhibit Rick Jaffe, Esq.
- [Kelly Sutton in her own words where we are and why she is doing this](https://rickjaffeesq.com/2021/06/01/kelly-sutton-in-her-own-words-where-we-are-and-why-she-is-doing-this/) - Here she is: https://youtu.be/FeQDH0a6Isc here is the link to her gogetfunding campaign https://gogetfunding.com/blog-single-update/?blogpre=7171807&single=64887 Rick Jaffe, Esq.
- [Memorial Day Update in Kelly Sutton's Medical Board case which Starts June 14th; Vaccine Safety is Irrelevant According to the Medical Board of California!](https://rickjaffeesq.com/2021/05/31/memorial-day-update-in-kelly-suttons-medical-board-case-which-starts-june-14th/) - Here is the link to the funding page update. https://gogetfunding.com/blog-single-update/?blogpre=7171807&single=64887 Here is the board's motion in limine explaining why vaccine safety is irrelevant to her case, as is the current health and well being of the 8 kids whose medical exemptions are the basis of the board's case. Complaints Motions in Limine Here is our
- [What Employers Can and Cannot Force Their Employees to Do In COVID Pandemic World](https://rickjaffeesq.com/2021/05/25/what-employers-can-and-cannot-force-their-employees-to-do-in-covid-pandemic-world/) - I am getting many emails, VM's comments from employees telling me they are being forced to get the Covid shot or tell their bosses things which the employee thinks violates their privacy rights, they feel they are being discriminated against for not having received the shot. That is a lot of ground, some of it
- [Kelly Sutton's Medical Board Case Goes to Hearing On June 14th](https://rickjaffeesq.com/2021/05/19/kelly-suttons-medical-board-case-goes-to-hearing-on-june-14th/) - We are getting close to the hearing date of Kelly Sutton's hearing on her writing 8 medical exemptions which were not in compliance with the ACIP guidelines. Given all my recent posts about the revocation of ME's written by disciplined doctors, I don't have to remind any of you what is at stake for the
- [Some further thoughts on the Upcoming Revocation of Medical Exemptions](https://rickjaffeesq.com/2021/05/16/some-further-thoughts-on-the-upcoming-revocation-of-medical-exemptions/) - I have received some very astute comments in response to my recent post which discussed appealing the revocation of your child's medical exemption due to the disciplinary action against the ME writing physicians. The information has caused me to rethink what I presented (and didn't present, for reasons I don't want to make public) and
- [Is Anything Happening With California Schools Revoking Medical Exemptions from Disciplined Physicians? Yes, and it's Hail Mary Time! (Updated with New Information](https://rickjaffeesq.com/2021/05/14/is-anything-happening-with-california-schools-revoking-medical-exemptions-from-disciplined-physicians-yes-and-its-hail-mary-time/) - I have been asked about that. For what it's worth, I have been receiving reports from parents that they are receiving letters from schools indicating that their child's medical exemption is being revoked as of the coming school year based on the fact that the ME was written by a physician who has been disciplined
- [The United States vs Your Own Stem Cells: Trial days Three and Four](https://rickjaffeesq.com/2021/05/11/the-united-states-vs-your-own-stem-cells-trial-days-three-and-four/) - The FDA's case against the California Stem Cell network went forward last Thursday and Friday for the third and fourth days. Yesterday, Monday was an off day. The trial resumes today at 8:30 PDT. Very briefly, (I hope because I have a lot on my plate today) here are my main observations: 1. The judge
- [My Crossover Moment Between Stem Cells and the Vaccine Issue, some basic facts about VAERS and maybe an interesting strategic suggestion (so please read this to the end)](https://rickjaffeesq.com/2021/05/10/my-crossover-moment-between-stem-cells-and-the-vaccine-issue-some-basic-facts-about-vaers-and-maybe-an-interesting-strategic-suggestion-so-please-read-this-to-the-end/) - Although many, many of my posts lately have been about the vaccine issue, I view myself as a health care attorney who focuses on novel and unconventional treatments and technologies. The legal contexts may be different, i.e., medical board work, civil litigation, or federal criminal cases (FDA and health care insurance issues) but the overarching
- [Some Quick Takes on the Second Day of the California Stem Cell Treatment Trial](https://rickjaffeesq.com/2021/05/06/some-quick-takes-on-the-second-day-of-the-california-stem-cell-treatment-trial/) - While working yesterday, I had the zoom California stem cell trial playing sort of as background music. Here are some of my quick takeaways. 1. My strongest impression was of the Judge. As a lawyer who does trial work, he was wonderful to watch. He is very, very sharp, but he's also very laconic. Lawyers
- [Pfizer Announces that it will Seek Full FDA Approval By the End of the Month, So guess what's coming?](https://rickjaffeesq.com/2021/05/04/pfizer-announces-that-it-will-seek-full-fda-approval-by-the-end-of-the-month-so-guess-whats-coming/) - It is being reported that Pfizer will seek full FDA approval (a biological license) for its COVID vaccine by the end of the month. That's surprising in terms of timing because it's still only what, about one year since the first human subject received the shots. That is going to drive anyone with vaccine concerns
- [Where are we Really on the on the Adipose/Fat Stem Cell and other private Stem Cell Business](https://rickjaffeesq.com/2021/05/05/where-are-we-really-on-the-on-the-adipose-fat-stem-cell-and-other-private-stem-cell-business/) - There have been recent reports about the FDA's impending forced closure of the autologous adipose stem cell business because the three-year grace period (to come into compliance with the FDA's view of the law) is expiring soon. (The three-year grace period was extended for six months because of the pandemic.) The big dog has dutifully
- [In a Surprise to None, the California University Systems Take the First Step to Mandating the EUA/Investigational COVID Vaccine](https://rickjaffeesq.com/2021/04/22/in-a-surprise-to-none-the-california-university-systems-take-the-first-step-to-mandating-the-eua-investigational-covid-vaccine/) - It is being reported in the media today, April 22, 2021, that California's state university systems are going to mandate the COVID vaccine. Here is one such article. https://www.wboy.com/news/national/californias-public-universities-to-require-covid-19-vaccine/ The UC system is circulating a draft policy statement to seek input from the community (don't count on your voice being heard if you are against
- [What is the Required Catch-up Vaccine Schedule for the Kids with Revoked Medical Exemptions?](https://rickjaffeesq.com/2021/04/19/what-is-the-required-catch-up-vaccine-schedule-for-the-kids-with-revoked-medical-exemptions/) - I have been asked this very important question about those families who have no choice but to have their children vaccinated due to the revocation of their child's medical exemptions due to the disciplinary action of their medical exemption writing physician. The CDC's ACIP publishes a catch-up schedule, but California has a more specific conditional
- [MEMO to the Los Angeles Unified School District teachers: There's no such thing as a "religious exemption" to the mask requirement, and good luck with a pretextual "religious accommodation"](https://rickjaffeesq.com/2021/04/18/memo-to-the-los-angeles-unified-school-district-teachers-theres-no-such-thing-as-a-religious-exemption-to-the-mask-requirement-and-good-luck-with-a-pretextual-religious-accommodation-either/) - Apparently tomorrow, the Los Angeles Unified School district is requiring all teachers to wear masks all day in school and is also requiring weekly COVID testing with the PCR test. I know this because I've been getting emails and calls to my cell today from teachers wanting to obtain/assert a "religious exemption" to the mask
- [Some perspective on the CDPH's Upcoming Revocation of Medical Exemptions written by Disciplined Physicians (and some other stuff at the end)](https://rickjaffeesq.com/2021/04/17/some-perspective-on-the-cdphs-upcoming-revocation-of-medical-exemptions-written-by-disciplined-physicians-and-some-other-stuff-at-the-end/) - Me and some of my friends and colleagues (i.e., the usual suspects) may have another move for the families who have MEs from disciplined doctors, and it should come around the time of the attempted enforcement of the revocation order, and it might possibly slow things down and maybe even lead to good things. My post yesterday which shared the CDPH communication to the California schools revoking all medical exemptions written by physicians who have been disciplined by the medical board has sparked outrage, confusion, and questions. I think it might be helpful (though regrettably not satisfying) to give you some perspective as someone who has been litigating these
- [California DPH Drops the Hammer on Medical Exemptions written by Disciplined Doctors](https://rickjaffeesq.com/2021/04/16/california-dph-drops-the-hammer-on-medical-exemptions-written-by-disciplined-doctors/) - I have just learned that the California Department of Public Health has contacted all the state's school districts and informed them that all medical exemptions written by physicians who have been disciplined by the California Medical or Osteopathic Boards are revoked effective the beginning of the coming school year, 2021-2022 (or September 1, 2021, for
- [Final Hearing Date on Ken Stoller's Writ Set for July 23rd](https://rickjaffeesq.com/2021/03/19/final-hearing-date-on-ken-stollers-writ-set-for-july-23rd/) - 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
- [Stoller Hearing Held, Judge to Issue an Amended Ruling (but don't get your hopes up)](https://rickjaffeesq.com/2021/03/17/stoller-hearing-held-judge-to-issue-an-amended-ruling-but-dont-get-your-hopes-up/) - 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.
- [Tentative Decision Denies Ken Stoller's Request for a Stay](https://rickjaffeesq.com/2021/03/17/tentative-decision-denies-ken-stollers-request-for-a-stay/) - 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
- [Ken Stoller's March 17th Stay Hearing Information and Link](https://rickjaffeesq.com/2021/03/15/ken-stollers-march-17th-stay-hearing-information-and-link/) - 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,
- [Stoller Medical Board Case Update: Stay Hearing Set for March 17th](https://rickjaffeesq.com/2021/03/10/stoller-medical-board-case-update-stay-hearing-set-for-march-17th/) - 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.
- [Why The Vaccine Concerned Community Should Stop the "vaccines are unavoidably unsafe" Mantra](https://rickjaffeesq.com/2021/02/13/why-the-vaccine-concerned-community-should-stop-the-vaccines-are-unavoidably-unsafe-mantra/) - 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
- [What the Heck is the Harvard Pilgrim Study and did it really say that about the underreporting of vaccine adverse events?](https://rickjaffeesq.com/2021/02/19/what-the-heck-is-the-harvard-pilgrim-study-and-did-it-really-say-that-about-the-underreporting-of-vaccine-adverse-events/) - 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
- [Cali. Medical Board Orders Ken Stoller's license revoked as of March 18th 2021; We will appeal!](https://rickjaffeesq.com/2021/02/18/cali-medical-board-orders-ken-stollers-license-revoked-as-of-march-18th-2021-we-will-appeal/) - 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
- [To my vaccine-concerned friends: stop saying that the Supreme Court decided that vaccines are “unavoidably unsafe.” It didn’t.](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/) - (2/14/2021 note: Because so many people have apparently misunderstood this in-the-weeds legal analysis of this Supreme Court decision, I have recently revisited the issue of the "vaccines are unavoidably unsafe" mantra in a recent post which might make it clearer for some. Here is the link. https://wp.me/p7pwQD-Su ) One of the things that drives me
- [The Missouri Feds Indict a physician's assistant/clinic operator (and recently elected State Rep) for Stem Cell fraud (and other things). Should the Private Stem Cell Crowd be worried?](https://rickjaffeesq.com/2021/02/06/the-missouri-feds-indict-a-physicians-assistant-clinic-operator-and-recently-elected-state-rep-for-stem-cell-fraud-and-other-things-should-the-private-stem-cell-crowd-be-worried/) - 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
- [California FDA Stem Cell Case Adjourned Again](https://rickjaffeesq.com/2021/01/27/california-fda-stem-cell-case-adjourned-again/) - 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
- [For the Same Surgical Procedure Autologous Stem  Cell Transplant Crowd, Big Decisions are a-coming](https://rickjaffeesq.com/2021/01/24/for-the-same-surgical-procedure-autologous-stem-cell-transplant-crowd-big-decisions-are-a-coming/) - If you are in the business of providing autologous stem cell transplants during the same surgical procedure for therapeutic purposes, the next couple of months are going to be very consequential for you because of the decisions in the two big cases in the field. The appeal of the US Stem cell case is now
- [The Short of it on California Medical Exemptions under SB 277, and a bit on the Possibly Soon to be Mandatory COVID Vaccine](https://rickjaffeesq.com/2021/01/13/the-short-of-it-on-california-medical-exemptions-under-sb-277-and-a-bit-on-the-possibly-soon-to-be-mandatory-covid-vaccine/) - I have written many posts explaining California medical exemptions written under SB 277 which was in effect from January 1, 2016, until December 31, 2019. See http://rickjaffeesq.com/2019/09/23/caesar-has-spoken-the-cali-department-of-public-health-provides-answers-to-some-of-your-questions-about-vaccine-medical-exemptions/ http://rickjaffeesq.com/2020/06/10/will-my-childs-california-permanent-medical-exemption-be-valid-next-year-if-she-changes-schools/ I keep on getting questions about it. Unfortunately, I don't have the time or capabilities to respond to questions of individual families, so let me lay it
- [California Federal Constitutional Challenge to Vaccine Mandates Filed; Preliminary Injunction Hearing Set for Late February; GO GET 'EM Greg and Ray!](https://rickjaffeesq.com/2021/01/03/california-federal-constitutional-challenge-to-vaccine-mandates-filed-preliminary-injunction-hearing-set-for-late-february-go-get-em-greg-and-ray/) - For the last many months, my friend, colleague, and behind-the-scenes advisor on both the UC flu mandate case and Ken Stoller's Medical Board case has been telling me about some massive lawsuit he was preparing. Well, it has finally arrived. Greg and ace SoCAL litigator Ray Flores have filed a federal constitutional lawsuit in the
- [Stem Cell End of the Year Legal Update](https://rickjaffeesq.com/2020/12/31/stem-cell-end-of-the-year-legal-update/) - As those in the field remember, in the fall of 2017, with greatest of largesse, the FDA proclaimed that it would exercise its enforcement discretion and give all but the most egregious/dangerous private stem cell clinics three years to come into compliance with its view that autologous based stem cells, even if administered during the
- [Mandatory COVID Vaccination: Is it Coming and Is it Legal?](https://rickjaffeesq.com/2020/12/24/mandatory-covid-vaccination-is-it-coming-and-is-it-legal/) - OK, it's time to get into it: This will be a neutral overview to give a basic understanding of the law based on three critical distinctions: federal vs. state, EUA vs. vaccine licensure, and state vs. private party. The Feds vs. the State (and counties and municipalities) Question: Since Joe Biden has already said he
- [Stoller Decision Watch In Progress](https://rickjaffeesq.com/2020/12/17/stoller-decision-watch-in-progress/) - For those following the Ken Stoller Medical Board case, here is the latest: The ALJ submitted her proposed decision to the Board on December 8th, that would be last Tuesday. Unfortunately, we are not allowed to see her decision until the earlier of 35 days from its submission to the Board or when the Board
- [Breaking News: Gov. Newsom's Shackles on Religious Services are Removed (Temporarily Anyway)](https://rickjaffeesq.com/2020/12/11/breaking-news-gov-newsoms-shackles-on-religious-services-are-removed-temporarily-anyway/) - The impact of the Supreme Court's recent shift on restrictions on religious services involving New York's limitations on church and other religious services has reached California. Here is my post about that case: https://wp.me/p7pwQD-OS Yesterday, a Kern Country Superior Court judge granted similar relief to a Catholic priest in Father Trevor Burfitt v. Gavin Newsom.
- [And so it begins: "UK warns people with serious allergies to avoid Pfizer vaccine after two adverse reactions"](https://rickjaffeesq.com/2020/12/09/and-so-it-begins-uk-warns-people-with-serious-allergies-to-avoid-pfizer-vaccine-after-two-adverse-reactions/) - This will all play out in the media. Like I said yesterday, let the chips fall where they may. https://www.reuters.com/article/health-coronavirus-britain-vaccine-idUSKBN28J1D1?taid=5fd0bfca0bc2ea000145b4c5&utm_campaign=trueAnthem:+Trending+Content&utm_medium=trueAnthem&utm_source=twitter Rick Jaffe, Esq.
- [Pop Quiz: Are the Pending EUA COVID Vaccines Safe and Effective?](https://rickjaffeesq.com/2020/12/08/pop-quiz-are-the-pending-eua-covid-vaccines-safe-and-effective/) - Short Answer: No one knows yet. As many of you know or can guess, EUA status does not mean that the safety and efficacy of the drug or biologic has been proven to the FDA's standards of proof which are normally required for a drug or biologic to be marketed and introduced into interstate commerce.
- [The Judge Issues his Formal Order Denying our Preliminary Injunction Motion in the UC case](https://rickjaffeesq.com/2020/12/05/the-judge-issues-his-formal-order-denying-our-preliminary-injunction-motion-in-the-uc-case/) - Yesterday afternoon, Hayward Superior Court Judge Richard Seabolt issued his formal decision denying our preliminary injunction motion. Here it is: Kiel v. UC Regents HG20-072843 Order Denying Preliminary Injunction Basically, he doesn't think we made our case on the facts or the law. He reads all the lawsuits which upheld SB 277 (which removed the
- [The Supreme Court Just Reverses and Sends Back Another Religious Restriction Case](https://rickjaffeesq.com/2020/12/03/the-supreme-court-just-reverses-and-sends-back-another-religious-restriction-case/) - It is being reported that today, December 3rd, the Supreme Court reversed and sent back another case filed by a church complaining about restrictions on services, this time by the California governor. The Court hasn't posted the decision yet so I don't know the details. Here is what I figure: The district court upheld the
- [Status Report on the Ken Stoller Medical Board Case (and Other Similiar Cases)](https://rickjaffeesq.com/2020/11/29/status-report-on-the-ken-stoller-medical-board-case-and-other-similiar-cases/) - Some have asked for an update on Ken Stoller's medical board case, and the other board cases I am working on, so here it is. The Closing Arguments by the parties were submitted to the ALJ on November 9th. I won't bore you all with our closing which gets into the weeds of the ten
- [The Supreme Court Does an About Face on Church/Synagogue Restrictions](https://rickjaffeesq.com/2020/11/27/the-supreme-court-does-an-about-face-on-church-synagogue-restrictions/) - As you all know by now, on Wednesday night the Supreme Court stayed enforcement of NY Governor Cuomo's restrictions on religious gatherings, in Roman Catholic Diocese of Brooklyn, New York v Andrew Cuomo. It is is just an temporary stay pending appeal, so technically it is not necessarily the Court's final word on the matter,
- [UC Flu Shot Mandate Lawsuit Status Report and the Hearing Transcript](https://rickjaffeesq.com/2020/11/17/uc-flu-shot-mandate-lawsuit-status-report-and-the-hearing-transcript/) - As most of you know, at the beginning of the November 5th hearing on our Motion for a Preliminary Injunction. the judge announced that he was denying the motion and then went to give a lengthy explanation of why. That was followed by a spirited back and forth between me and the judge about why
- [What's Next in the UC Flu Mandate Situation: The Contours of a Federally Required Religious Accommodation to a Flu Mandate](https://rickjaffeesq.com/2020/11/07/whats-next-in-the-uc-flu-mandate-situation-the-contours-of-a-federally-required-religious-accommodation-to-a-flu-mandate/) - Now that our Preliminary Injunction motion to stop the UC's Flu Mandate has been denied, some have asked what's next. Some have asked about an appeal. Given how long it takes to get an appellate court to review a denial of preliminary injunction (technically it's not an appeal but a writ of mandate), an appeal/writ,
- [UC Flu Mandate Injunction Motion DENIED](https://rickjaffeesq.com/2020/11/05/uc-flu-mandate-injunction-motion-denied/) - We just finished a two-hour oral argument. At the beginning, the judge said his tentative decision was to deny the motion. Basically, between the CDC's recommendation that everyone should get the flu shot and all the infectious disease experts the UC had, he was convinced that the UC could constitutionally require the UC community to
- [Must See TV! UC Flu Mandate Preliminary Injunction Video Hearing today at 2:30 PM Pacific Time:](https://rickjaffeesq.com/2020/11/05/must-see-tv-uc-flu-mandate-preliminary-injunction-video-hearing-today-at-230-pm-pacific-time/) - Finally, the day of our hearing has arrived. It's at 2:30 PM Pacific time, today November 5, 2020. Here is the link to watch or listen to. Most likely, the judge will not announce his decision today, but will take it under advisement, but you never know, he could say something about how he is
- [UC Flu Mandate Injunction case Update, (nothing definitive yet)](https://rickjaffeesq.com/2020/11/03/uc-flu-mandate-injunction-case-update-nothing-definitive-yet/) - Normal practice in most cases is that a tentative decision is issued the day before the "hearing" date, which normally is just an opportunity for the losing party to tell the judge why she is wrong. In big cases, like the State case against Uber and Lyft, the judge heard the argument, reserved decision, and
- [UC Flu Mandate Deadline Day is here, or it isn't, or maybe it is for some, or some parts of it . . . .](https://rickjaffeesq.com/2020/10/31/uc-flu-mandate-deadline-day-is-here-or-it-isnt-or-maybe-it-is-for-some-or-some-parts-of-it/) - I would like to be able to tell you all precisely what the status is on the UC Flu mandate issue, but I can't. Here is what I know and can say for sure. Under the two executive orders, compliance with the mandate was required by November 1st, which is tomorrow The judge in the
- [Breaking (but confusing) News on the UC Flu Mandate Deadline: The UC has now publicly extended the denial of access deadline for faculty and staff until November 16th, but there may be a very big catch/poison pill](https://rickjaffeesq.com/2020/10/30/breaking-but-confusing-news-on-the-uc-flu-mandate-deadline-the-uc-has-now-publicly-extended-the-denial-of-access-deadline-for-faculty-and-staff-until-november-16th-but-there-may-be-a-very-big-catc/) - Per my past few posts, on Monday morning, we filed an application to file a motion for contempt and/or for alternative relief for a TRO mandating that the UC tell the UC community that the November 1st deadline had been abated until the judge hears our Preliminary Injunction motion on November 4th. I pointed out
- [NON-Update on the UC Flu Vaccine Mandate Injunction Case](https://rickjaffeesq.com/2020/10/29/non-update-on-the-uc-flu-vaccine-mandate-injunction-case/) - It's Thursday morning. Under the executive orders, the UC's Flu vaccine mandate requires compliance by Saturday, November 1st. However as previously reported, the judge in our injunction case has ordered the UC not to take any action against any member of the UC community until the hearing on our Motion for Preliminary Injunction. Per
- [What Should UC Nurses (or other UC employees) do if they are told they won't be put on the Schedule Because they Haven't Taken the Flu Shot](https://rickjaffeesq.com/2020/10/27/what-should-uc-nurses-or-other-uc-employees-do-if-they-are-told-they-wont-be-put-on-the-schedule-because-they-havent-taken-the-flu-shot/) - I have been getting many emails from nurses in the UC system who are being told that their flu mandate paperwork is overdue and unless they get the shot by November 1st they won't be put on the work schedule. My reading of the Judge's order in the case is that he has ordered the
- [UC Flu Shot Mandate Case Update: It Might be a Very Interesting Week at the UC](https://rickjaffeesq.com/2020/10/26/uc-flu-shot-mandate-case-update-it-might-be-a-very-interesting-week-at-the-uc/) - When last we left off, the judge put off our preliminary injunction hearing until November 4th. Recognizing that the new hearing date was beyond the November 1st deadline, he instructed the UC to take no action against any UC community member who did not comply with the mandate, until he issued his ruling. I had
- [Super Breaking News on the UC Flu Mandate:  Hearing Continued until November 4th and the UC is barred from taking any action against any employee or student for not getting the shot until the Hearing Date!](https://rickjaffeesq.com/2020/10/21/super-breaking-news-on-the-uc-flu-mandate-hearing-continued-until-november-4th-and-the-uc-is-barred-from-taking-any-action-against-any-employee-or-student-for-not-getting-the-shot-until-the-hearing/) - Because of all the paperwork flying back and forth, the Hayward Superior Court judge has rescheduled the hearing to November 4, 2020, at 1:30 PM You might recall from a previous post that the case was previously set for November 12th. We filed a so-called "ex parte application" to move the hearing back to October
- [Next up, Massachusetts](https://rickjaffeesq.com/2020/10/15/next-up-massachusetts/) - As some of you know, Massachusetts is the only state (so far) that has the statewide flu mandated for all students up to and including university students up to a certain age. Here is the mandate. https://www.mass.gov/news/flu-vaccine-now-required-for-all-massachusetts-school-students-enrolled-in-child-care-pre It seems like a bad idea, just as bad as the UC flu vaccine mandate. Win or lose
- [What Should the UC Community do about the Flu Vaccine Questionnaire?](https://rickjaffeesq.com/2020/10/14/what-should-the-uc-community-do-about-the-flu-vaccine-questionnaire/) - I have been receiving many emails, messages, and voice messages asking me how to fill out the vaccine questionnaire being emailed to the UC community. As per my practice, rather than answer specific requests, I am going to tell you in this post what I think you should do. It's not complicated, and it won't
- [UC Preliminary Injunction Hearing Now Set for October 22 at 1:30 PM](https://rickjaffeesq.com/2020/10/13/uc-preliminary-injunction-hearing-now-set-for-october-22-at-130-pm/) - We just received word that our Motion for Preliminary Injunction will be heard by the judge on October 22, 2020, at 1:30 PM. Anyone who wants to watch or listen should be able to by going to the Alameda Country Superior Court Website. I will give further instrucitons closer to the hearing date. You will
- [UC Injunction Lawsuit Critical Update: Chaos and Confusion Continues; The Hearing Date on the Prelim. Injunction now up in the Air, but Thankfully, The UC Grants a Grace Period Until November 12th. Thank you UC!](https://rickjaffeesq.com/2020/10/09/uc-injunction-lawsuit-critical-update-chaos-and-confusion-continues-the-hearing-date-on-the-prelim-injunction-now-up-in-the-air-but-thankfully-the-uc-grants-a-grace-period-until-november-12th-th/) - Folks, there is a lot going on in our injunction lawsuit regarding the UC's Flu Mandate which was supposed to go into effect on November 1st. However, now apparently the November 1st deadline will not be enforced based on representations made by the UC to the judge hearing the case. It's complicated, so pay close
- [Way Cool Youtube on the UC Injunction case and the Administration's Tactical Retreat](https://rickjaffeesq.com/2020/10/06/way-cool-youtube-on-the-uc-injunction-case-and-the-administrations-tactical-retreat/) - Some talented person has created a short youtube clip of our UC injunction lawsuit and my recent post announcing that under a recently revised (but still largely unpublished or still secret) Executive Order, UC students will be treated the same as faculty and other employees. That's good news for the students. And, although I think
- [The High Priests of the Religion of Vaccinology Circle the Wagons around the UC Flu Mandate and Recite their Gospel](https://rickjaffeesq.com/2020/10/02/the-high-priests-of-the-religion-of-vaccinology-circle-the-wagons-around-the-uc-flu-mandate-and-recite-their-gospel/) - Yesterday, I gave you some good news about the UC's tactical retreat in our lawsuit seeking to overturn the UC's flu vaccine mandate. Here is that post. https://rickjaffeesq.com/2020/10/01/breaking-news-uc-makes-a-tactical-retreat-with-its-new-executive-order-and-its-good-news-for-students-albeit-temporary-and-only-for-some-students/ Basically, the UC decided that treating students differently from faculty staff was an outrageous violation of the students' equal protection and First Amendment rights as alleged in
- [BREAKING NEWS! UC MAKES A TACTICAL RETREAT WITH ITS NEW EXECUTIVE ORDER, AND IT'S GOOD NEWS FOR STUDENTS, (albeit temporary and only for some students)](https://rickjaffeesq.com/2020/10/01/breaking-news-uc-makes-a-tactical-retreat-with-its-new-executive-order-and-its-good-news-for-students-albeit-temporary-and-only-for-some-students/) - As you know, Bobby Kennedy and I (with the able assistance of CHD's chief legal guru Mary Holland, PIC's human vaccine encyclopedia a/k/a Greg Glaser, and SD ace litigator Ray Flores) filed an injunction lawsuit to stop the UC's executive order requiring all students, faculty and other employees to get the flu shot by November
- [Dr. Ken Stoller's Medical Board hearing is over (almost), so what's next?](https://rickjaffeesq.com/2020/09/26/dr-ken-stollers-medical-board-hearing-is-over-almost-so-whats-next/) - Ken Stoller's hearing took place Monday, September 21st until midday Thursday, September 24th. I made an opening on the first day. The Board's attorney elected not to. The record in the case is still open because, as is not uncommon in these cases, there will be written closing arguments. The board has the burden of
- [PRELIMINARY INJUNCTION MOTION FILED IN THE UC FLU MANDATE CASE; HEARING  SET FOR OCTOBER 14TH AT 1:30 PM](https://rickjaffeesq.com/2020/09/17/preliminary-injunction-motion-filed-in-the-uc-flu-mandate-case-hearing-set-for-october-14th-at-130-pm/) - Today, September 17th, we filed a motion for a preliminary injunction to stop the enforcement of the UC mandatory flu vaccine executive order which requires all students, faculty, and staff to get the flu shot (with certain accommodations to faculty and staff, but not students). The "hearing" will be held at 1:30 PM on October
- [Public Hearing Information of Ken Stoller's Medical Board Hearing Starting Monday September 21st](https://rickjaffeesq.com/2020/09/18/public-hearing-information-of-ken-stollers-medical-board-hearing-starting-monday-september-21st/) - Here is the information from the Office of Administrative Hearings for accessing the audio of the Medical Board hearing against Ken Stoller starting on Monday. "General Jurisdiction Public Hearing Notice Public audio access is available for In re Stoller, OAH No. 2019110039. Published on September 18, 2020 The hearing in the matter of the
- [The San Diego School District's Attack on Medical Exempitons](https://rickjaffeesq.com/2020/09/13/the-san-diego-school-districts-attack-on-medical-exempitons/) - Since the passage of SB 276/714 there have been reports that random schools have been rejecting medical exemptions ("ME's"). Before the pandemic, the San Diego School district hit the radar screen on the issue because of Medical Board subpoenas issued to obtain the student records of the vaccine medically exempt. That wasn't completely successful based
- [UC Flu Vaccine Lawsuit Update](https://rickjaffeesq.com/2020/09/11/uc-flu-vaccine-lawsuit-update/) - For UC students faculty and staff, and others following this case, here is what's going on. Yesterday we got the paperwork back from the court. Because of the pandemic, the clerk's offices of the courts are backed up. The lawsuit should be served on the UC defendants by Monday. I will have another announcement by
- [Stoller Medical Board Hearing Update: It's a go!](https://rickjaffeesq.com/2020/09/08/stoller-medical-board-hearing-update-its-a-go/) - Here is the latest update on the Stoller Medical Board hearing which is going forward on September 21st. https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=55308 here is the specific link to donate. https://gogetfunding.com/dr-ken-stoller-and-his-medically-vaccine-exempt-patients-need-your-help-again/?fbclid=IwAR3FopgHinQ-dQzbyiR9SxIhx4J8RIy29ZFWve2WCzgnyin5kC_jgegB410 Rick Jaffe, Esq.
- [LAWSUIT](https://rickjaffeesq.com/2020/08/27/lawsuit/) - Today, a lawsuit was filed by four staff and students of the University of California challenging the recent executive order mandating the flu vaccine for the entire 510,000 members of the UC community. Rather than describe it, you can read it for yourselves. I think many of you will like it. Thanks to the brave
- [Breaking News: Bobby Kennedy Sues Facebook and its "Independent" "Fact Checkers"](https://rickjaffeesq.com/2020/08/18/breaking-news-bobby-kennedy-sues-facebook-and-its-independent-fact-checkers/) - This morning, August 18, 2020, Bobby Kennedy/CHD filed a federal lawsuit against Facebook and its outside fact-checkers on a variety of grounds, including First and Fifth Amendment violations, RICO and a claim under the Lanham Act. The heart of the case seems to be that Facebook is restricting his organization's right and ability to present
- [To Clarify: there are no religious exemptions to vaccines in California](https://rickjaffeesq.com/2020/08/14/to-clarify-there-are-no-religious-exemptions-to-vaccines-in-california/) - There is some confusion spreading around FB, and I might be partially responsible for it, so let me try to clean it up. First, there are no religious exemptions to the mandatory vaccination schedule for public k-12 students, and there are no religious exemptions for any vaccine for UC university students. As you all know,
- [The University of California Flu Mandate: What 's Coming and a Call To Action](https://rickjaffeesq.com/2020/08/11/the-university-of-california-flu-mandate-what-s-coming-and-a-call-to-action/) - As you all know, on July 31st the UC Office of the President issued an executive order mandating that all students, faculty and employees get a flu vaccine in order to lessen the chances of being infected with COVID-19 or lessening the symptoms if you get it, or reducing the chance of death, or maybe
- [Another Piece to the Other Side of the Judy Mikovits Story](https://rickjaffeesq.com/2020/08/10/another-piece-to-the-other-side-of-the-judy-mikovits-story/) - My recent piece on Judy Mikovits was based on a commentary written by two University-based scientists who presented a detailed history of her rise and fall. here is that post. https://rickjaffeesq.com/2020/08/09/the-other-side-of-the-judy-mikovits-story/ The commentary had two big and very specific scientific points, 1. that her result was that ME/CFS patients had an XMRV (mouse retrovirus) was
- [The other side of the Judy Mikovits story](https://rickjaffeesq.com/2020/08/09/the-other-side-of-the-judy-mikovits-story/) - When the documentary Plandemic came out a few months ago, I didn't think much about it. A doctor client of mine saw it and told me that he had no reason to believe it wasn't true and accurate. I said nothing. In my work for medical mavericks, I have been involved in a number of
- [Digging into the Moderna Vaccine Clinical Trials Protocols and Results](https://rickjaffeesq.com/2020/07/28/digging-into-the-moderna-vaccine-clinical-trials-protocols-and-results/) - Moderna has just announced that its RNA based vaccine is starting a phase 3 clinical trial with 30,000 subjects, so I thought it might be useful to take a look at the publicly available information about the trial, and how they got there. Let’s go logically and chronologically and start with the phase 1 safety
- [Bobby Kennedy's Intro to "Plague of Corruption" is even more important now, after the attacks on the Frontline Doctors and the Firing of Board Certified Physician Dr. Simone Gold](https://rickjaffeesq.com/2020/08/04/bobby-kennedys-intro-to-plague-of-corruption-is-even-more-important-now-after-the-attacks-on-the-frontline-doctors-and-the-firing-of-board-certified-physician-dr-simone-gold/) - In the future, when they write about how and why the current pharma controlled and corrupted medical paradigm was replaced, I think they will point to the Frontline Doctor's July 27th press conference, the resulting dismissal of board-certified physician Dr. Simone Gold from her job, and the world-wide public outcry relating to the suppression of
- [The FDA's California stem cell case has a new trial date, sort of](https://rickjaffeesq.com/2020/08/03/the-fdas-california-stem-cell-case-has-a-new-trial-date-sort-of/) - When last I reported on the FDA's injunction action against the California stem cell treatment operation, the judge had adjourned the July trial date because of the recent alarming uptick in COVID-19 cases in the area. The court ordered the parties to confer and come up with a new proposed date in November or thereafter.
- [Can My Employer Make Me Wear a Mask at Work, and What if I have a Medical Condition Which Makes Wearing a Mask Dangerous to Me?](https://rickjaffeesq.com/2020/07/30/can-my-employer-make-me-wear-a-mask-at-work-and-what-if-i-have-a-medical-condition-which-makes-wearing-a-mask-dangerous-to-me/) - This is a popular question these days, so let me lay out the law as I understand it. Actually, the basic law is pretty straightforward. Mostly what I will do is quote from the federal government's EEOC (Equal Employment Opportunity Commission) web site which deals with employment discrimination issues. And yes, the ADA (Americans with
- [The Kennedy-Dershowitz Debate: Must See TV!](https://rickjaffeesq.com/2020/07/27/the-kennedy-dershowitz-debate-must-see-tv/) - A few days ago, the Bobby Kennedy/Alan Dershowitz debate was released. As a lawyer involved in the vaccine issue, it was very heartening to see such a high quality debate on the subject. It was very enjoyable to watch these two extremely smart, deep thinkers talk about these issues with open mindedness, clarity and mutual
- [The Texas GOP’s Right to Have a Live, In-Person Convention in Houston; It’s a real head-scratcher.](https://rickjaffeesq.com/2020/07/18/the-texas-gops-right-to-have-a-live-in-person-convention-in-houston-its-a-real-head-scratcher/) - At the beginning of last week, a prominent Houston physician and highly influential Republican big-wig, Steven Hotze, filed an amended complaint and a request for emergency complaint against Houston Mayor Sylvester Turner to overturn the Mayor’s decision stopping the GOP’s state convention from taking place live in the convention center. The basis of the lawsuit
- [Stem Cell Breaking News: Cali Stem Cell Trial Adjourned until Sometime After November](https://rickjaffeesq.com/2020/07/18/stem-cell-breaking-news-cali-stem-cell-trial-adjourned-until-sometime-after-november/) - Yesterday, California federal district court judge Jesus G. Bernal on his own adjourned the the FDA's trial against Cell Surgical Network ("CSN") and their owners Mark Berman and Elliot Lander. The parties were ordered to meet and confer about a new trial date to take place after November, 2020. The trial had been scheduled to
- [BREAKING NEWS:  NY Federal Court Enjoins NYC and State from enforcing unequal religious indoor gatherings and all outdoor gathering laws!](https://rickjaffeesq.com/2020/06/26/breaking-news-ny-federal-court-enjoins-nyc-and-state-from-enforcing-unequal-religious-indoor-gatherings-and-all-outdoor-gathering-laws/) - This morning, Albany federal district judge Gary I. Sharpe issued a preliminary injunction against New York City and New York State from enforcing restrictions specific to religious gatherings, both indoors and outdoors. For indoor gatherings, the judge basically held that the defendants could only enforce restrictions imposed for Phase 2 businesses. ("Phase 2 allows a
- [HOW IT'S DONE](https://rickjaffeesq.com/2020/06/11/how-its-done/) - Yesterday, I did a post about possible legal and other challenges if there is a mask requirement for students when school reopens. My bottom line was that I didn’t think a legal challenge would be successful, and advised activism as the way to influence the decision-making process by county or state officials. I do not
- [Will my child’s California permanent medical exemption be valid next year if she changes schools?](https://rickjaffeesq.com/2020/06/10/will-my-childs-california-permanent-medical-exemption-be-valid-next-year-if-she-changes-schools/) - I answered that question a few times in other posts dealing with medical exemptions and their future viability in general. However, I figure it is time to do a post specifically on this question, so here goes: The Law (and the good news) There is nothing in current California law (and that would be SB
- [What to do about all this talk about students having to wear masks when school reopens](https://rickjaffeesq.com/2020/06/10/what-to-do-about-all-this-talk-about-students-having-to-wear-masks-when-school-reopens/) - From New Jersey to California, there is talk from public health and school officials that if school reopens in the fall, students will be required to wear masks. Many parents do not like the idea of their kids wearing masks all day, for health reasons. The question is what can you do about? My short,
- [How significant is yesterday’s Supreme Court’s decision in South Bay Pentecostal Church v. Newsom?](https://rickjaffeesq.com/2020/05/30/how-significant-is-yesterdays-supreme-courts-decision-in-south-bay-pentecostal-church-v-newsom/) - Short answer: not very. Longer and more nuanced answer: the decision sets no precedent, but it does reaffirm long-standing precedent back to our old friend (or enemy) Jacobson, that judges are reluctant to second-guess public health decisions made during public health crises by state and local officials, because it is their job to make such
- [Foolish mandatory vaccination talk from the New York State Bar Association](https://rickjaffeesq.com/2020/06/01/foolish-mandatory-vaccination-talk-from-the-new-york-state-bar-association/) - Circulating on social media is a recently published draft task force report from the New York State Bar Association, Health Law section. Like social media is saying, these New York health lawyers are proposing a State bar position in favor of mandatory COVID-19 vaccinations, and specifically: “when the efficacy of a COVID-19 vaccine has been
- [Ken Stoller Case Update](https://rickjaffeesq.com/2020/05/29/ken-stoller-case-update/) - Here is the latest onthe case and a couple other things going on in California on the medical exemption issue https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=50914 Rick Jaffe, Esq.
- [Contact tracing: some analysis, perspective, and a conditional prediction](https://rickjaffeesq.com/2020/05/19/contact-tracing-some-analysis-perspective-and-a-conditional-prediction/) - The vaccine concerned and many others are worried about contact tracing, so for whatever it’s worth, here are some initial thoughts. First, let’s get on the same page. Last month, the CDC published information about it. Here it is: "Certain core principles of contact tracing must always be adhered to: • Contact tracing is part
- [Breaking News (and some welcome push back from a State Supreme Court and Elon Musk)](https://rickjaffeesq.com/2020/05/13/breaking-news-and-some-welcome-push-back-from-a-state-supreme-court-and-elon-musk/) - Two significant things happened today. Alameda Country appeared to back down and allow Tesla to reopen its plant after Elon Musk threatened to move his business out of state. Good for him and good for Tesla. Hopefully it will all work out, worker health-wise. Second, the Wisconsin Supreme Court has just overturned the extension of
- [Ken Stoller's Medical Board Hearing Update/It's still scheduled for June 8th, but.....](https://rickjaffeesq.com/2020/05/07/ken-stollers-medical-board-hearing-update-its-still-scheduled-for-june-8th-but/) - Maybe coming to your home soon! Here is what is going on: https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=49782 Rick Jaffe, Esq.
- [Will Your Child’s Cali. Medical Exemption Be Good When Schools Reopen in the Fall?](https://rickjaffeesq.com/2020/05/05/will-your-childs-cali-medical-exemption-be-good-when-schools-reopen-in-the-fall/) - I have been getting that question a lot lately. It is understandable with all that is going on. The answer is that I don’t know and I don’t think anyone can know for three reasons. First, Senator Pan had to give-up some important ground at the end of the last session, via SB 714 which
- [More on what governments can get away with in these COVID-19 times](https://rickjaffeesq.com/2020/04/30/more-on-what-governments-can-get-away-with-in-these-covid-19-times/) - Some of my FB friends have asked me to write something about the spate of government orders about social distancing, closures of state parks and beaches, constitutional rights to congregate and associate in public, requiring masks when in stores, and mandatory testing (which I will deal with another time). A few of these issues are
- [What Could Be Next in the California Legislative Vaccine Front](https://rickjaffeesq.com/2020/04/17/what-could-be-next-in-the-california-legislative-vaccine-front/) - Supposedly, the legislative session is going to restart on May 4th. But whenever it continues, I would expect Senator Pan and his allies to clean-up and fix the slippage which resulted from SB 714’s amendment of SB 276, and to take advantage of the COVID-19 pandemic. Although there is not a vaccine for the disease
- [Some perspective on President Trump’s call for off-label use of Hydroxychloroquine](https://rickjaffeesq.com/2020/04/13/some-perspective-on-president-trumps-call-for-off-label-use-of-hydroxychloroquine/) - The President is getting a lot of flak for basically telling COVID-19 patients to try Hydroxychloroquine or as he has put it, “What do you have to lose.” The criticism from the medical establishment is that the drug is not proven safe or effective for COVID-19. That is true, but it’s not the whole story.
- [To all you Yahoos who think you have a constitutional right to congregate during a pandemic](https://rickjaffeesq.com/2020/03/30/to-all-you-yahoos-who-think-you-have-a-constitutional-right-to-congregate-during-a-pandemic/) - The short of it is that you don’t. For at least the last few hundred years, the law has recognized the government’s responsibility to protect the public health via its police powers. That job primarily falls to the states under the 10th Amendment, which provides that all powers not expressly granted to the federal government
- [How far can the government go to restrict your movement and the first (idiotic) test case is filed](https://rickjaffeesq.com/2020/03/22/how-far-can-the-government-go-to-restrict-your-movement-and-the-first-idiotic-test-case-is-filed/) - People want to know how much can the government really restrict their movements. Can the government really stop healthy people from congregating? I think the short answer to both is yes, at least in the short term, and at least until some court says otherwise, and for reasons I will discuss, I do not see
- [Being prepared for Government overreach and medical mandates in times like these](https://rickjaffeesq.com/2020/03/21/being-prepared-for-government-overreach-and-medical-mandates-in-times-like-these/) - I received the following email, and I thought it was worth responding to in a post. “I hope you and yours are well and staying safe from the viral insanity. I wonder if you have any advice on being prepared for overreach and medical mandates in times like these? I like to have at least
- [New Hearing date set in Stoller Case](https://rickjaffeesq.com/2020/03/19/new-hearing-date-set-in-stoller-case/) - here is the update: https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=47269 Rick Jaffe, Esq.
- [Stoller Hearing Adjourned](https://rickjaffeesq.com/2020/03/13/stoller-hearing-adjourned/) - Latest update: https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=47091
- [Latest Stoller update: judge knocks out 2 witnesses, doesn't throw out exhibits, yet](https://rickjaffeesq.com/2020/03/12/latest-stoller-update-judge-knocks-out-2-witnesses-doesnt-throw-out-exhibits-yet/) - here is the latest update https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=47062
- [Medical Board Claims that "Evidence of Vaccine Safety and Vaccine Safety Data is Irrelevant" to the Stoller Case](https://rickjaffeesq.com/2020/03/11/medical-board-claims-that-evidence-of-vaccine-safety-and-vaccine-safety-data-is-irrelevant-to-the-stoller-case/) - from the gogetfund me update, which I couldn't post from my web site due to something suspicious. Under SB 277, a physician is permitted to issue a medical exemption if she determines that immunization "is not considered safe" for the patient. I confess to perhaps naively thinking that we could defend the Board's case against
- [Stoller Case Share](https://rickjaffeesq.com/2020/03/11/stoller-case-share/) - Tommorow, the ALJ will tell us whether we get to present evidence justifying ten SB 277 medical exemptions that Ken Stoller issued which stated that immunization was not safe for these children. Yes, it is surprising that we might not be able to present evidence on vaccine safety since vaccine safety (or lack thereof) is
- [“New California school vaccine rules have left nurses, doctors and parents confused”  AS WELL THEY SHOULD BE!](https://rickjaffeesq.com/2020/02/28/new-california-school-vaccine-rules-have-left-nurses-doctors-and-parents-confused-as-well-they-should-be/) - A few days ago, the LA Times published an articled titled, “New California school vaccine rules have left nurses, doctors and parents confused” Here it is: https://napavalleyregister.com/news/local/new-california-school-vaccine-rules-have-left-nurses-doctors-and/article_e6352b96-51c1-5eeb-94b2-68e5cfebff07.html It is a good and very informative piece, as they all are when they are written by this journalist. It's been suggested that I comment about it, and,
- [Coronavirus: The Elephant in the Room the Vaccine Concerned Need To Get in front of](https://rickjaffeesq.com/2020/02/26/coronavirus-the-elephant-in-the-room-the-vaccine-concerned-need-to-get-in-front-of/) - In under three weeks, Ken Stoller’s Medical Board case for writing medical exemptions from infectious disease immunization beyond the ACIP guidelines will go to hearing. For sure, if you haven’t donated to his legal defense fund, please do. Here is the link. https://gogetfunding.com/dr-ken-stoller-and-his-medically-vaccine-exempt-patients-need-your-help-again/ Given all the international fear about the possible pandemic, the quarantines, restrictions
- [What does the Medical Board’s Recent Action Against the San Diego School District Mean?](https://rickjaffeesq.com/2020/02/24/what-does-the-medical-boards-recent-action-against-the-san-diego-school-district-mean/) - Recently, it has been reported that the Cali. Medical Board has sued the San Diego School District to order the releasae of vaccine medical exemptions records in its possession. Here is an article explaining it, which provides a telling statement from the School District. See if you can spot it and what you think it
- [Kind and heartening words from a GL Reader](https://rickjaffeesq.com/2020/02/22/kind-and-heartening-words-from-a-gl-reader/) - A semi retired attorney just send me an very nice email after finishing my book. here it is: "Attorney Jaffe, I’m an older, semi-retired Indiana lawyer who just finished reading your book, Galileo’s Lawyer. What a superb book! Very inspiring in many ways. I want to thank you for your gallant (I use that word
- [Post Pre-Hearing Conference Update on Ken Stoller's Medical Board Case](https://rickjaffeesq.com/2020/02/09/post-pre-hearing-conference-update-on-ken-stollers-medical-board-case/) - here it is: click on the update page https://gogetfunding.com/dr-ken-stoller-and-his-medically-vaccine-exempt-patients-need-your-help-again/ Rick Jaffe, Esq.
- [Ken Stoller's Medical Board Vaccine Exemption Case Update](https://rickjaffeesq.com/2020/02/06/ken-stollers-medical-board-vaccine-exemption-case-update/) - Here is the latest update: https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=45845 Here is the power point we are submitting. MBC(4)mbc12820 Rick Jaffe, Esq.
- [Stem Cell Shocker: Cali. Federal Judge Denies the FDA Summary Judgement and Orders a Trial in the Cell Surgical Network Case](https://rickjaffeesq.com/2020/01/28/stem-cell-shocker-cali-federal-judge-denies-the-fda-summary-judgement-and-orders-a-trial-in-the-cell-surgical-network-case/) - Ok, let me get this out of the way up front. I predicted publicly and privately that the California federal court judge would follow the reasoning and result of the Florida federal judge who granted summary judgement to the FDA and issued a permanent injunction barring the Florida stem cell operation from using its SVF
- [NO VOTE ON NEW JERSEY RELIGIOUS EXEMPTION BILL! THE NATIONAL Vaccine Concerned get the big W!!!!](https://rickjaffeesq.com/2020/01/13/no-vote-on-new-jersey-religious-exemption-bill-the-national-vaccine-concerned-get-the-big-w/) - The New Jersey Legislature did not have the votes to pass the bill to remove the religious exemption, so the sponsors did not bring the bill up for a vote late Monday, January 13, 2020. It is officially dead for this legislative session. Congrats to the many thousands of people who showed up in Trenton,
- [The Final Stretch in New Jersey's Race to Eliminate Religious Exemptions to Childhood Vaccination](https://rickjaffeesq.com/2020/01/12/the-final-stretch-in-new-jerseys-race-to-eliminate-religious-exemptions-to-childhood-vaccination/) - Like many, I have been following the battle by the vaccine concerned against New Jersey Legislature’s attempt to remove the religious exemption to childhood vaccination. Last year, New York removed religious exemptions by strong-arming one legislator to change his previously cast vote in opposition. In New Jersey, it’s coming down to a last-ditch compromise to
- [The Next Vaccine Medical Exemption Battle](https://rickjaffeesq.com/2019/12/10/the-next-vaccine-medical-exemption-battle/) - https://gogetfunding.com/dr-ken-stoller-and-his-medically-vaccine-exempt-patients-need-your-help-again/ Rick Jaffe Esq.
- [Stoller Civil Suit Update](https://rickjaffeesq.com/2019/12/03/stoller-civil-suit-update/) - Today, the court granted the Medical Board’s Demurrer and dismissed the complaint against it. It was not entirely unexpected, per my previous update. https://wp.me/p7pwQD-Bs 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
- [November 21, 2019 Update on the Stoller Civil Lawsuit against the Medical Board](https://rickjaffeesq.com/2019/11/21/november-21-2019-update-on-the-stoller-civil-lawsuit-against-the-medical-board/) - Here is the most recent update on Ken Stoller's civil lawsuit against the Medical Board (formerly against the San Francisco City Attorney). https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=43538 Here is our response to the Board's dismissal motion. ResponseDemurrerSAC Wish us luck! Rick Jaffe, Esq.
- [Into the roots of the weeds of quarantine and isolation in Los Angeles](https://rickjaffeesq.com/2019/11/06/into-the-roots-of-the-weeds-of-quarantine-and-isolation-in-los-angeles/) - My prior post suggesting that people should calm down about AB 262 because the law does not directly affect the public might have been too subtle or maybe just too abstract. I indicated that what the state and county can do to people during public health crises is determined by other state and country laws
- [Everyone should calm down about Cali. AB 262](https://rickjaffeesq.com/2019/11/06/everyone-should-calm-down-about-cali-ab-262/) - On October 19, the Governor signed AB 262 which deals with the responsibility of local health officials during a public health crisis due to a communicable disease. Here is the text of the new law: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB262 Many parents have expressed concern if not downright fear that their pets will be removed, or that quarantines will
- [“How Long Will My Child’s Current Vaccine Medical Exemption Be Good for?”](https://rickjaffeesq.com/2019/10/18/how-long-will-my-childs-current-vaccine-medical-exemption-be-good-for/) - I get asked that alot these days. But, as I have said repeatedly in these posts, I can’t answer each family’s specific question about this, not even the families who have exemptions written by Ken Stoller (who I represent). So again, I won’t be answering any of your calls or messages about your child’s specific
- [Ken Stoller Lawsuit Update: We're Still in the Game!](https://rickjaffeesq.com/2019/10/07/ken-stoller-lawsuit-update-were-still-in-the-game/) - Here is the new update: Read the whole thing. We're looking for the smoking gun! https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=42135 Rick Jaffe, Esq.
- [When Do New California Laws "take effect"?](https://rickjaffeesq.com/2019/09/29/when-do-new-california-laws-take-effect/) - Technically, regular California legislation takes effect on January 1, on the year following passage. Here is the Secretary of State language and URL about it. “A statute enacted during a regular session of the Legislature takes effect on January 1 of the following year, unless a later date is specified in the statute.” https://www.sos.ca.gov/administration/bill-chapters/ Therefore,
- [10 days into California SB 276/714: Where are We? (updated September 28/2019 on the effective date of the new law)](https://rickjaffeesq.com/2019/09/19/10-days-into-california-sb-276-714-where-are-we/) - Because of the rush job to comply with the Governor’s late demands to Change SB 276, the law which is in effect, which is basically SB 714, has generated more confusion, but it has also created a small amount of hope than would have been the case under SB 276. The two biggest examples of
- [Caesar Has Spoken! The Cali. Department of Public Health Provides Answers to (Some of) Your Questions about Vaccine Medical Exemptions](https://rickjaffeesq.com/2019/09/23/caesar-has-spoken-the-cali-department-of-public-health-provides-answers-to-some-of-your-questions-about-vaccine-medical-exemptions/) - A couple days ago, the California Department of Public Health (“CDPH”) Immunization Branch (the head of which is otherwise hopefully soon to be known as “Defendant” in Ken Stoller’s lawsuit) published "Vaccinations and Medical Exemptions Questions and Answers.” Here it it. Every vaccine concerned parent should read it. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Vaccinations-Q-A.aspx The good news is that it
- [Update on Ken Stoller's lawsuit against the Medical Board (and others): We're still in the game!](https://rickjaffeesq.com/2019/09/20/update-on-ken-stollers-lawsuit-against-the-medical-board-and-others-were-still-in-the-game/) - Here is the latest update on Ken Stoller's Lawsuit against the Medical Board (formerly against the San Francisco City Attorney) https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=41583 If you want to see the proposed Second Amended Complaint with the update claims based on the illegalities uncovered. here it is: SAC992019 Rick Jaffe, Esq
- [Grandfathered Exemptions under the New California Vaccine Law: Clear as Mud](https://rickjaffeesq.com/2019/09/13/grandfathered-exemptions-under-the-new-california-vaccine-law-clear-as-mud/) - The new California vaccine exemption law is vague, badly written and not well thought-out. First, let’s get on the same page. Look at SB 714, because that is really the operative law in that it changed SB 276 even though both because law the same day. Here it is: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB714 What is a grandfathered medical
- [Medical Vaccine Exceptions Submitted after Full Implementation of the New California Vaccine Law](https://rickjaffeesq.com/2019/09/13/medical-vaccine-exceptions-submitted-after-full-implementation-of-the-new-california-vaccine-law/) - Previously I’ve tried to explain each of the two operative provisions of the new California vaccine law, Health and Safety Code Sections 120370, and 120372 separately. In retrospect, that was confusing. I think a better approach is to talk about the three types of medical exemptions under the new law, and the different types are
- [EVERYONE NEEDS TO TAKE A BREATH!](https://rickjaffeesq.com/2019/09/12/everyone-needs-to-take-a-breath/) - The new California vaccine exemption law only has an obvious immediate effect on physicians contemplating writing new exemptions. Families with vaccine medical exemptions have some time to figure things out, especially families with all their kids currently in school. There will be legal challenges which will take months to resolve, if not longer. Analysis, planning
- [New Round of Medical Board Subpoenas to the San Diego School District Requesting Medical Vaccine Exemptions](https://rickjaffeesq.com/2019/09/12/new-round-of-medical-board-subpoenas-to-the-san-diego-school-district-requesting-medical-vaccine-exemptions/) - I have head that as many as 200 families have received a letter from the San Diego School District informing them that their childrens' vaccine exemption information has been subpoenaed by the Medical Board. I have also heard that the multiple physicians who have written these exemptions (and they are not just located in San
- [Some Small Slivers of Good News in the New California Medical Vaccine Exemption Law](https://rickjaffeesq.com/2019/09/11/some-small-slivers-of-good-news-in-the-new-california-medical-vaccine-exemption-law/) - The big one is that like others who have poured over the law, I didn’t see a CAIR medical vaccine exemption submission/reporting requirement in the final SB 714 amended bill for grandfathered pre-2020 exemptions. I do not assume that was intentional. For reasons I hope most will understand, that's all I am going to say
- [Now That SB 276 And SB 714 Are Law, What Does It All Mean For Parents?](https://rickjaffeesq.com/2019/09/10/now-that-sb-276-and-sb-714-are-law-what-does-it-all-mean-for-parents/) - I have received many emails and calls from parents requesting advice about how the new law applies to their children. Sorry, I don’t do medical exemption consultations for particular cases, but I can try to explain what the law says and means. The California Health and Safety Code Section which was changed by SB 277
- [Major Update on Ken Stoller’s Lawsuit: New Amended Complaint Brings in Department of Public Health for Privacy Violations and Other Alleged Improper Actions](https://rickjaffeesq.com/2019/09/09/major-update-on-ken-stollers-lawsuit-new-amended-complaint-brings-in-department-of-public-health-for-privacy-violations-and-other-alleged-improper-actions/) - Based on documents received in response to a public records requests, we are seeking to bring into the lawsuit Robert Schechter MD, who is the Chief of the Clinical Policy and Support Section of the Department of Health’s immunization branch. The documents reveal that his department is receiving privacy protected medical exemption information, and is
- [Updated: Senator Pan's New Bill to Change SB 276 (after it passes)](https://rickjaffeesq.com/2019/09/06/senator-pans-new-amendment-to-change-sb-276-after-it-passes/) - I am not a California legislative expert and I am not sure what is going on, but today, I received an automated notice as a SB 276 bill watcher of an amendment. Originally I thought that Senator Pan blinked and made the changes requested by the Governor. But then I am not sure what changes
- [UPDATED: Senator Pan's New Amendment to Change SB 276 (after it passes)](https://rickjaffeesq.com/2019/09/07/updated-senator-pans-new-amendment-to-change-sb-276-after-it-passes/) - I am not a California legislative expert and I am not sure what is going on, but today, I received an automated notice as a SB 276 bill watcher of an amendment. Originally I thought that Senator Pan blinked and made the changes requested by the Governor. But then I am not sure what changes
- [My Second Take on Senator Pan's SB 714 and I May Even Be More Confused](https://rickjaffeesq.com/2019/09/06/my-second-take-on-senator-pans-sb-714-and-i-may-even-be-more-confusedmore-confused/) - It was pointed out that the language in (2) does not require vaccination by the Fall 2020 as I perhaps misstated in my prior post. I think they are right and I was wrong, mostly, but frankly, I am still not sure. Let's start with the language: "(2) Commencing January 1, 2020, a child who
- [Big Update on the Stoller Lawsuit: Subpoena Withdrawn; San Francisco Defendants Dismissed from the Case!](https://rickjaffeesq.com/2019/08/27/big-update-on-the-stoller-lawsuit-subpoena-withdrawn-san-francisco-defendants-dismissed-from-the-case/) - here is the update: https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=40705 Rick Jaffe, Esq. rickjaffeesquire@gmail.com
- [FDA v. California Stem Cell case update](https://rickjaffeesq.com/2019/08/24/fda-v-california-stem-cell-case-update/) - Honestly, I lost interest in this case after the federal judge in the Florida US Stem Cell case granted summary judgement to the FDA and issued a permanent injunction barring the use of the stem cell/SVF product, which is basically the same stuff used by the California group. I assumed that the California federal judge
- [The Final SB 276 Push: What Might Help with the Legislators and What Won’t](https://rickjaffeesq.com/2019/08/20/the-final-sb-276-push-what-might-help-with-the-legislators-and-what-wont/) - By all accounts, SB 276 will come out of the suspense docket next week. That means it goes for a vote in the Assembly and presumably back to the Senate to consider the amendments made during its travels through the Assembly, then to a Senate vote, and if it passes, on to the Governor's desk.
- [NY Adopts California like SB 276 Limitations on Vaccine Medical Exemptions via “Emergency” Regulation"???](https://rickjaffeesq.com/2019/08/20/ny-adopts-california-like-sb-276-limitations-on-vaccine-medical-exemptions-via-emergency-regulation/) - On Friday August, 16, 2019, New York State Department of Health issued “emergency regulations” concerning the issuance of vaccine medical exemptions. The short of it is that NY has basically done what California SB 276 will do (and what the original version of SB 277 tried to do) via regulation, thereby circumventing the legislative process.
- [To All California Physicians: Watch out for Scammers Claiming to Be DEA Agents and Demanding $25k](https://rickjaffeesq.com/2019/08/06/to-all-california-physicians-watch-out-for-scammers-claiming-to-be-dea-agents-and-demanding-25k/) - As if physicians didn't have enough to worry about, apparently there is a scam being being run on California physicians. They are getting a call from someone claiming to be a DEA agent stating that the physician is under investigation. The caller requests a $25,000 bond, maybe to make the investigation go away. Here is
- [The US Stem Cell Judge Denies the Motions to Intervene by the SVF Owners Subject to….?](https://rickjaffeesq.com/2019/08/05/the-us-stem-cell-judge-denies-the-motions-to-intervene-by-the-svf-owners-subject-to/) - On July 31st, the US Stem Cell judge issued an “Omnibus Order” denying “without prejudice” all of the SVF’s Motions to Intervene in the case. Here is her order: orderdenyingintervention What is happening is confusing, even to an FDA litigator like me. But, for what it’s worth, here is my explanation of what’s going on
- [No, you were not just subpoenaed by the California Medical Board](https://rickjaffeesq.com/2019/07/31/no-you-were-not-just-subpoenaed-by-the-california-medical-board/) - I have previously written about the Medical Board's attempt to trick, cajole, and intimidate families whose children have a vaccine medical exemption into agreeing to execute a consent/authorization to allow your child’s doctor to release medical records to the Board. Here is that post: https://rickjaffeesq.com/2019/07/16/so-you-just-received-a-certified-letter-from-the-cali-medical-board-asking-you-to-sign-a-release-for-your-childs-medical-records-what-are-your-options/ The bottom line is that you are not legally required
- [Major Update on the Stoller Case: New Defendants Added and New Claims Made](https://rickjaffeesq.com/2019/07/26/major-update-on-the-stoller-case-new-defendants-added-and-new-claims-made/) - Here is the update on the gogetfunding website: https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=39663 Here is a pdf of the amended complaint. (The beginning is mostly the same as the original) Amended Complaintfiled Rick Jaffe, Esq. rickjaffeesquire@gmail.com
- [Should you be worried if you banked your SVF/Stem Cells?](https://rickjaffeesq.com/2019/07/24/should-you-be-worried-if-you-banked-your-svf-stem-cells/) - The injunction entered by the Florida federal district court judge in the US Stem Cell case ordered the company to destroy all of the SVF product which it was storing for their patients and SVF banking customers. I did not think that was right, in large part because the owners of the stored product were
- [Breaking New on the US Stem Cell Case: SVF Destruction Order Stayed and SVF Owners Intervene in the Suit](https://rickjaffeesq.com/2019/07/22/breaking-new-on-the-us-stem-cell-case-svf-destruction-order-stayed-and-svf-owners-intervene-in-the-suit/) - Last week was busy in the US Stem Cell case and some much needed help arrived. First, to their credit, the defendants in the case moved to stay the SVF destruction order for the product it was banking for patients/customers. Although the judge was skeptical that these people had a prioprietary interest in their banked
- [Chaos, Unfairness and Illegality in the US Stem Cell Case](https://rickjaffeesq.com/2019/07/17/chaos-unfairness-and-illegality-in-the-us-stem-cell-case/) - I have been following and writing about the US Stem case (and the FDA’s parallel California case) since the company received its warning letter and throughout the litigation. Last month, the judge issued the final injunction order. Here it is: permanentinjunctionorder The order, among other things, mandates the destruction of all SVF product in the
- [So, You Just Received a Certified Letter from the Cali. Medical Board Asking you to Sign a Release for  your Child’s Medical Records. What are your Options?](https://rickjaffeesq.com/2019/07/16/so-you-just-received-a-certified-letter-from-the-cali-medical-board-asking-you-to-sign-a-release-for-your-childs-medical-records-what-are-your-options/) - Social Media is abuzz with posts from parents who have received a certified letter from the Medical Board of California demanding that they sign an enclosed release which authorizes their child’s physician to release his/her medical records to the Board. What should you do? Actually, for a variety of reasons, I am not going to
- [Latest Stoller and SB 276 Update Posted](https://rickjaffeesq.com/2019/07/11/latest-stoller-and-sb-276-update-posted/) - https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=39194
- [Can the Cali. Medical Board Obtain Your Child's Medical Records Without Your Consent?](https://rickjaffeesq.com/2019/07/05/can-the-cali-medical-board-obtain-your-childs-medical-records-without-your-consent/) - This is the question de jour in light of the Sacramento Bee’s recent article revealing that the Medical Board has sought the medical records of several vaccine exemption writing physicians in Northern California. The short answer is that it can if it has “good cause”. In practice, that means the Board has to present a
- [A Very Short Response to the 11 Reasons Thing Circulating  on FB Vaccine Aware Pages](https://rickjaffeesq.com/2019/07/03/a-very-short-response-to-the-11-reasons-thing-circulating-on-fb-vaccine-aware-pages/) - Many people have asked me to comment on a post raising 11 reasons (I think that's the number) why SB 276 is illegal. I glanced at it quickly. Although I acknowledge and appreciate the effort, most or all of the points and discussion is recyled from arguments raised and rejected in prior court cases. There
- [Grandfathering of Current Medical Vaccine Exemptions under the July 1st version of SB 276? Don't Believe it!](https://rickjaffeesq.com/2019/07/02/grandfathering-of-current-medical-vaccine-exemptions-under-the-july-1st-version-of-sb-276-dont-believe-it/) - Some of you might be thinking that because Secction 120372 (c)(2)(B) has been struck through, that currently exemptees are grandfathered and continue to be valid or are unreviewable. I do not think that is the case, I think there was either an error in drafting or another change small amendment is coming, but even if
- [Fast Take on the July 1, 2019, SB 276 Amendment](https://rickjaffeesq.com/2019/07/02/fast-take-on-the-july-1-2019-sb-276-amendment/) - Because of the press of other business, this is going to be short and quick. The new amendment is at least as bad as the prior version, because it does not change the two main operative provisions, 1. All Exemptions are still reviewable and revocable by the health department if they do not comply with
- [What About Home Schoolers under SB 276?](https://rickjaffeesq.com/2019/07/01/what-about-home-schoolers-under-sb-276/) - Some people are worried about the effect of SB 276 on home schoolers. Let me allay those fears. The current bill does not mention, nor does it affect home schooling your own children. Meaning, you do not have to vaccinate your children under SB 276, if they are home schooled. (I am not talking about
- [Does Senator Pan Have a Conflict of Interest by Proposing and Advocating for SB 276?](https://rickjaffeesq.com/2019/06/30/does-senator-pan-have-a-conflict-of-interest-by-proposing-and-advocating-for-sb-276/) - I will tell you up-front that I will not answer the titled question in this post because I do not have personal knowledge about Senator's Pan's finances and business affairs. However, I will say that I have NOT seen any evidence of a conflict of interest, as that term is defined by the relevant California
- [Update on Dr. Stoller's Lawsuit against the San Francisco City Attorney](https://rickjaffeesq.com/2019/06/28/update-on-dr-stollers-lawsuit-against-the-san-francisco-city-attorney/) - The San Francisco City Attorney’s Office has not yet filed an answer to Dr. Stoller’s lawsuit. (It will do so in the next week or two.) And still no separate lawsuit to compel compliance with his administrative subpoena, which is what I was expecting, but I think it may still be coming. The discovery phase
- [To New York vaccine injured, religiously vaccine exempt families](https://rickjaffeesq.com/2019/06/21/to-new-york-vaccine-injured-religiously-vaccine-exempt-families/) - As all New Yorkers who have/had a religious exemption to vaccination now know, A2371 which is now the law, eliminated the exemption. If you had the religious exemption, you probably received a letter telling you that you have until June 28, 2019 to come into compliance with the initial doses of all required vaccines. That
- [Stoller Campaign Update](https://rickjaffeesq.com/2019/06/21/stoller-campaign-update/) - https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=38546
- [Some Perspective on Today’s SB 276 Health Committee Hearing, and the need for a rethink about exemptions (and think humanitarian exemption)](https://rickjaffeesq.com/2019/06/20/some-perspective-on-todays-sb-276-health-committee-hearing-and-the-need-for-a-rethink-about-exemptions-and-think-humanitarian-exemption/) - Today will no doubt be gut-wrenching for you, as you watch the hearing and merely state your name and opposition to the latest iteration of SB 276. Regrettably the nature of the hearing does not afford you the opportunity to relate your stories of prior vaccine injuries to your child There will be opportunities to
- [Under Revised SB 276, public health staff still make the final medical vaccine exemption decisions, and they still will reject all broader than CDC guideline-based exemptions](https://rickjaffeesq.com/2019/06/19/under-revised-sb-276-public-health-staff-still-make-the-final-medical-vaccine-exemption-decisions-and-they-still-will-reject-all-broader-than-cdc-guideline-based-exemptions/) - Until the June 17th Amendment, the biggest knock against SB 276 was that it put medical vaccine exemptions decisions in the hands of state public health officials. That even bothered the Governor (for one day anyway), and it seems to be concerning to the members of the Medical Board. The revised bill creates the illusion
- [My First Take on Senator Pan's June 17th SB 276 Revision](https://rickjaffeesq.com/2019/06/18/my-first-take-on-senator-pans-june-17th-sb-276-revision/) - I have to give the guy credit. He's very good at Legislative tactics, meaning throwing curveballs to the opposition and giving them little time to react. It's two days before the hearing and he's introduced what appears to be a substantially revised bill, which is more complicated and apt to confuse his colleagues in the
- [Thanks for the Support at the Stoller San Francisco Rally on Friday! And some updates](https://rickjaffeesq.com/2019/06/17/thanks-for-the-support-at-the-stoller-san-francisco-rally-on-friday-and-some-updates/) - Last Friday we held a rally to support Dr. Ken Stoller’s attempt to stop the San Francisco City Attorney’s subpoena for his medical vaccine exempt patient medical records. We started at the San Francisco Chronicle's office and walked to City Hall. NBC covered the walk by helicopter, but not the event. ABC did tape my
- [NEW YORK: A2371, what it means for the religiously exempt, and some thoughts about how to fight it](https://rickjaffeesq.com/2019/06/17/new-york-a2371-what-it-means-for-the-religiously-exempt-and-some-thoughts-about-how-to-fight-it/) - As you all know, in a one-day legal Blitzkrieg, and without a public hearing, both houses of the New York Legislature passed, and the Governor signed a bill removing the religious exemption to mandatory school vaccination. A2371 is now law in New York. Here is the law: https://www.nysenate.gov/legislation/bills/2019/a2371/amendment/a The new law has an immediate effect
- [San Francisco City Attorney Event Starts Soon; Here is the Updated Contact Information](https://rickjaffeesq.com/2019/06/14/san-francisco-city-attorney-event-starts-soon-here-is-the-updated-contact-information/) - The event starts soon: Call the City Attorney's main number 415-554-4700 or TTY 415-554-6770 or fax: 415-554-4715 or email him at cityattorney@SFcityatty.org
- [What’s Next, and Stay On-Message at the Cali. Assembly Health Committee SB 276 Hearing Next Week](https://rickjaffeesq.com/2019/06/12/whats-next-and-stay-on-message-at-the-cali-assembly-health-committee-sb-276-hearing-next-week/) - Yesterday, it was announced that the Assembly Health Committee would hold its hearing on SB 276 on June 20th. I have two pieces of advice, the first of which is in part self-serving. I once asked a very busy and successful Hollywood personality/author/entrepreneur how she managed to juggle so many different ventures and activities. She
- [The Private Stem Cell Field Moves On; Maybe This Time They’re Be Smarter or More Cautious](https://rickjaffeesq.com/2019/06/10/the-private-stem-cell-field-moves-on-maybe-this-time-theyre-be-smarter-or-more-cautious/) - With the recent Summary Judgment decision in the US Stem Cell case, my prediction is that the fat-based stem cell business will slow down and eventually cease to be a thing. Here is the judge’s decision http://rickjaffeesq.com/wp-content/uploads/2019/06/USRM-lawsuit.pdf Lawyers will tell potential entrants into the field that a federal judge has held the use of autologous
- [CALL TO ACTION: To the Vaccine and Medical Privacy Concerned Communities](https://rickjaffeesq.com/2019/06/07/call-to-action-to-the-vaccine-and-medical-privacy-concerned-communities/) - On Friday June 14, 2019, at 12:00 PM PDT, there will be a showing of international support: 1. Demanding that the San Francisco City Attorney, Dennis Herrera, withdraw the Subpoena he issued against Dr. Ken Stoller to turn over the medical records and sensitive genetic information of his vaccine medical exemption patients. The City Attorney’s
- [Kenneth Stoller MD v. SF City Attorney et al, pending in the San Francisco Superior Court: The Short Version](https://rickjaffeesq.com/2019/06/06/kenneth-stoller-md-v-sf-city-attorney-et-al-pending-in-the-san-francisco-superior-court-the-short-version/) - Here is a brief summary of Ken Stoller’s lawsuit against the San Francisco City Attorney (SFCA): The SFCA held a press conference announcing that he had issued an administrative subpoena on Dr. Ken Stoller for his medical records all his patients throughout the state for whom he has written a vaccine medical exemption. The basis
- [Dr. Kenneth Stoller Files Lawsuit Against the San Francisco City Attorney’s Subpoena for his Patients’ Medical Records and Genetic Information](https://rickjaffeesq.com/2019/06/04/dr-kenneth-stoller-files-lawsuit-against-the-san-francisco-city-attorneys-subpoena-for-his-patients-medical-records-and-genetic-information/) - Today, Dr. Kenneth Stoller has filed a lawsuit to stop the San Francisco City Attorney’s attempt to obtain the medical records and genetic information of his vaccine exemption patients. The basis of the City Attorney’s subpoena, which was served and widely reported in the media on May 8th, is a purported public nuisance investigation about
- [Press Release: For Immediate Release: Dr. Kenneth Stoller Sues San Francisco City Attorney for Abuse of Power; Lawsuit aims to defend privacy rights for California Patients’ Medical Records and Genetic Information June 4, 2019](https://rickjaffeesq.com/2019/06/04/press-release-for-immediate-release-dr-kenneth-stoller-sues-san-francisco-city-attorney-for-abuse-of-power-lawsuit-aims-to-defend-privacy-rights-for-california-patients-medical-records-an/) - 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
- [Corrected Stoller Complaint](https://rickjaffeesq.com/2019/06/05/corrected-stoller-complaint/) - Per my previous post, the complaint had a couple misplaced decimal points and the wrong antonym in a sentence. I fixed it and some folks wanted the corrected version to drop-off to their Assembly person, which I've said is a very excellent idea. Here is the corrected version, and it even the official case number.
- [One done, 79 to go, and what else is next](https://rickjaffeesq.com/2019/06/05/one-done-79-to-go-and-what-else-is-next/) - Paul just post this as part of a comment about the lawsuit: "Today I discussed this lawsuit with my CA legislator's staffperson, and provided her office with a copy of the complaint." Seems like a very, very good idea. I have to believe that there are vaccine concerned in the districts of all of the
- [Florida Federal Judge Grants Summary Judgment to the FDA against US Stem Cell; Game Over except for the obligatory appeal](https://rickjaffeesq.com/2019/06/03/florida-federal-judge-grants-summary-judgment-to-the-fda-against-us-stem-cell-game-over-except-for-the-obligatory-appeal/) - The U.S. Stem Cell summary judgment decision has just come down. It's 30 plus pages. here it is. USRM lawsuit Result: FDA 1, US Stem Cell 0. Game over except for the appeal, which will take at least a year. I haven't had a chance to closely read the decision yet, but I am expecting
- [The Cali. Medical Board is Stuck Between a Rock and a Hard Place on SB 276 (updated with the good news links)](https://rickjaffeesq.com/2019/06/03/the-cali-medical-board-is-stuck-between-a-rock-and-a-hard-place-on-sb-276-updated-with-the-good-news-links/) - Last week, the Medical Board of California held a multi-location public hearing and comment on SB 276. By accounts, there were many excellent speakers making cogent points against SB 276. The consensus of opinion was that the Board members listened attentively and heard the concerns of the speakers. And that’s a very good thing. The
- [Update on Dr. Ken Stoller's Battle against the SF City Attorney's Office](https://rickjaffeesq.com/2019/06/01/update-on-dr-ken-stollers-battle-against-the-sf-city-attorneys-office/) - here it is: https://gogetfunding.com/legal-defense-fund-stoller/ The short of it is that it's going to be over next week or a new phase will begin. Stay closely turned! Rick Jaffe, Esq. rickjaffeesquire@gmail.com
- [US Stem Cell Pre-Trial Conference Now Set for June 7th, so look for a decision before then, or another court ordered adjournment](https://rickjaffeesq.com/2019/05/28/us-stem-cell-pre-trial-conference-now-set-for-june-7th-so-look-for-a-decision-before-then-or-another-court-ordered-adjournment/) - On May 9th, the judge in the U.S. Stem Cell case put off the pre-trial conference from May 29th until June 7th, meaning she's not quite done with the summary judgment decision and needs alittle more time. It's a big complicated case with alot of papers flying back and forth. Normally judges try to decide
- [Sorry Cali. Vaccine Concerned, but I don’t think “medical discrimination” is a valid basis to challenge SB 276](https://rickjaffeesq.com/2019/05/24/sorry-cali-vaccine-concerned-but-i-dont-think-medical-discrimination-is-a-valid-basis-to-challenge-sb-276/) - A few of you have suggested something about a class action against a school or someone as medical discrimination if their child’s vaccine exemption application is denied or an existing exemption is revoked. I’ve never heard that kind of thing before, and I doubt it exists in law. But if there’s a case out there
- [And no, being "fragile" or having a vaccine exemption is not being disabled under the ADA](https://rickjaffeesq.com/2019/05/24/and-no-being-fragile-or-having-a-vaccine-exemption-is-not-being-disabled-under-the-ada/) - Ok, so if it's not medical discrimination, how about discrimination against the disabled under say the American With Disabilities Act? Probably a fairly hard no for almost all of the current exemptees. For starters, if your child got an exemption because of family history, or a genetic test, your child isn't disabled. Same applies if
- [What's still going to happen if Cali SB 276 becomes law](https://rickjaffeesq.com/2019/05/22/whats-still-going-to-happen-if-cali-sb-276-becomes-law/) - I'm getting some requests for information/advice about what happens if SB 276 becomes law. I did a post about it based on the original version of the bill. The only things that have changed regarding current exemptions is 1. the date parents have to submit their child's medical exemptions has been pushed back from mid
- [Senator Pan Throws a Curveball on SB 276, and I’m glad he did](https://rickjaffeesq.com/2019/05/17/senator-pan-throws-a-curveball-on-sb-276-and-im-glad-he-did/) - I have been told by multiple sources who watched the Appropriations Committee hearing on SB 276 on Thursday May 16, 2019, that Senator Pan stated that the bill had been/or would be amended to remove the review/rescission of current vaccine medical exemptions. But I would note that as of this morning, Friday May 17th, the
- [To the Families who Have Received a Medical Exemption from Dr. Stoller, Please Take a Breath](https://rickjaffeesq.com/2019/05/12/to-the-families-who-have-received-a-medical-exemption-from-dr-stoller-please-take-a-breath/) - I have been told that my update on my GoFundMe Campaign has caused some consternation amongst Dr. Stoller's patient families and families who have exemptions from other physicians. That wasn't the intention, so please take a breath. 1. For Dr. Stoller's patient families, all I'm asking is to contact attorney Greg Glaser, gregoryjglaser@gmail.com whom I've
- [SB 276 new amendment filed. It was a head  fake not a curve ball/tactical retreat benefiting Current Exemptees: Sceptics 1, Hypocrite accusers 0, People (like me) who were relieved and grateful 0](https://rickjaffeesq.com/2019/05/18/sb-276-new-amendment-filed-it-was-a-head-fake-not-a-curve-ball-tactical-retreat-benefiting-current-exemptees-sceptics-1-hypocrite-accusers-0-people-like-me-who-were-relieved-and-grateful-0/) - As most of you already know, Senator Pan’s amendment was filed yesterday afternoon, May 17th. Here it is. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB276 Unfortunately, it doesn’t protect the children with current exemptions (or it does, if you’re in the mainstream). Friends and commenters have correctly analyzed the bill. No sense reinventing the wheel on this. Here is some of
- [Stoller Response Sent to San Francisco City Attorney's Office. We'll See What Happens](https://rickjaffeesq.com/2019/05/17/stoller-response-sent-to-san-francisco-city-attorneys-office-well-see-what-happens/) - I spent a very long and intense week analyzing, researching and putting together a response to the City Attorney's subpoena for Dr. Ken Stoller's medical records. I submitted what I called an initial response yesterday afternoon, May 16, 2019. It was 20 pages with many, many citations to a wide variety of literature sources, and
- [Ken Stoller's GoFundMe(sometimes) campaign has been pulled, but we're up on GoGetfunding](https://rickjaffeesq.com/2019/05/15/ken-stollers-gofundmesometimes-campaign-has-been-pulled-but-were-up-on-gogetfunding/) - As many of you already know, Dr. Ken Stoller's gofundme campaign was pulled by the company for generic violations of terms of service, meaning, the received a complaint from a pro-vaxer wing-nut and that was all she wrote. I had naively thought that because this was a legal defense fund involving protected patient medical records,
- [Remembering what the Politicians said about the scope of medical exemptions under SB 277](https://rickjaffeesq.com/2019/05/11/remembering-what-the-politicians-said-about-the-scope-of-medical-exemptions-under-sb-277/) - On Monday May 13, 2019, there will be a perfunctory hearing on SB 276 at the Senate Appropriations Committee. If this was covered by the Las Vegas bookmakers, the smart and even the dumb money would be on it passing easliy out of committee along party lines. Still, it's not a bad time to remember
- [Legal Defense for for Ken Stoller is Now Active!](https://rickjaffeesq.com/2019/05/10/legal-defense-for-for-ken-stoller-is-now-active/) - Here we go! https://www.gofundme.com/legal-defense-fund-for-dr-kenneth-stoller Rick Jaffe, Esq. rickjaffeesquire@gmail.com
- [US Stem Cell Case Update: Judge Puts off Pre-Trial Conference for Three Weeks](https://rickjaffeesq.com/2019/05/10/us-stem-cell-case-update-judge-puts-off-pre-trial-conference-for-three-weeks/) - Yesterday, May 9th, the Judge in the FDA's case against US Stem Cell and Kristin Comella entered an order changing the pre-trial conference date from May 17th until June 10th. The trial has been pushed back from June 10th until June 24th. Why: The obvious reason is that she hasn't finished her decision on the
- [The Next Battle: SF City Attorney subpoenas a Vaccine Exemption Writing Doc under a Public Nuisance Theory](https://rickjaffeesq.com/2019/05/09/the-next-battle-sf-city-attorney-subpoenas-a-vaccine-exemption-writing-doc-under-a-public-nuisance-theory/) - Yesterday afternoon and today, there is a nationally breaking story about San Francisco physician Ken Stoller receiving a subpoena from the San Francisco City Attorney for all his medical records for all vaccine exemptions he has written. The City's Attorney's action has been widely publicized in the California press and TV media, and and nationally,
- [What Happens if Cali. SB 276 Becomes Law?](https://rickjaffeesq.com/2019/05/07/what-happens-if-cali-sb-276-becomes-law/) - Let’s face it, there are strong rumblings that the Dems are lined-up behind SB 276 in the Senate Appropriations Committee and in both houses in general. That’s bad news for the vaccine concerned whose kids either have or will seek a medical exemption from all childhood vaccines. Basically, under CDC/AAP/AAFP guidelines, there is no such
- [SB 276 gets Amended, but still knocks-out current medical exemptions, and fragile children won't qualify for future exemption](https://rickjaffeesq.com/2019/05/03/sb-276-gets-amended-but-still-knocks-out-current-medical-exemptions-and-fragile-children-wont-qualify-for-future-exemption/) - On April 30, 2019, SB 276 was slightly amended. Here is the link to the amended bill. leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB276 Here is the short of it: 1. Precautions are added to contraindications: The amended bill adds the following language after contraindications: “or that a specific precaution regarding a particular immunization exists. . . . “ What practical
- [The Niche Weighs in on the Manhattan Stem Cell Clinic's Answer to the AG's Lawsuit, and Some Breaking News!](https://rickjaffeesq.com/2019/05/01/the-niche-weighs-in-on-the-manhattan-stem-cell-clinics-answer-to-the-ags-lawsuit-and-some-breaking-news/) - I represent the Manhattan stem cell doctor whom the NY AG has recently sued for false advertising and fraud. Her is the NY Times story about the lawsuit: https://www.nytimes.com/2019/04/04/health/stem-cells-lawsuit-new-york.html I decided not to comment as part of the mass media's coverage of the AG's filing the lawsuit, because I needed to take a hard look
- [Breaking News: Manhattan Doc in NY AG Case Files Answer Targeting the FDA and Says New Yorkers have a Privacy Right to the Treatment and a First Amendment Right to Info About it](https://rickjaffeesq.com/2019/04/22/breaking-news-manhattan-doc-in-ny-ag-case-files-answer-targeting-the-fda-and-says-new-yorkers-have-a-privacy-right-to-the-treatment-and-a-first-amendment-right-to-info-about-it/) - Earlier this month, the New York Attorney General's Office filed a false advertising case against a Manhattan Stem Cell clinic owned by Joel Singer, M.D. The clinic offers autologous stem cell transplant procedures for a wide variety of medical conditions. The clinic used to be affilated with the California Cell Surgical Network run by Mark
- [My Letter to the Cali Senate Appropriations Committee Members](https://rickjaffeesq.com/2019/04/29/my-letter-to-the-cali-senate-appropriations-committee-members/) - I heard Senator Pan testify last week for the Health Committee. I think he was wrong in telling the Committee that the Medical Board is having difficuty pursuing physicians who are writing "fake" medical exemptions. so I decided to tell the Appropriation Committee members why. Here's my letter: senatorletter Rick Jaffe, Esq. rickjaffeesquire@gmail.com
- [Rally Day for Cali SB 276: Keep your eye on the ball!](https://rickjaffeesq.com/2019/04/24/rally-day-for-cali-sb-276-keep-your-eye-on-the-ball/) - Today, April 24th is hearing day on SB 276, which bill seeks to remove the medical exemption decision making from the physician, and places it in the hands of public health officials, and there’s no requirement in the bill that it be a physician. That seems like a bad idea to me. On the other
- [Can I sue Senator Richard Pan for doing his job as a California Legislator? THAT WOULD BE A HARD NO!](https://rickjaffeesq.com/2019/04/14/can-i-sue-senator-richard-pan-for-doing-his-job-as-a-california-legislator-that-would-be-a-hard-no/) - I've been asked this question a couple times recently as the frustration of the Vaccine Concerned grow as SB 276 winds its way through the California Legislature, so a public answer might be in order. The job of legislators is to propose and pass legislation. It doesn't matter if a small minority or even a
- [The Mother of All Anti-SB 276 Letters](https://rickjaffeesq.com/2019/04/13/the-mother-of-all-anti-sb-276-letters/) - If you want to read the mother of all anti-276 letters, here it is from my friend and colleague Greg Glaser, Esq. When I have a question about vaccines, he's the guy I call. Glaser Letter Opposing SB 276 It's long but really worth it. nuf said. Rick Jaffe, Esq. rickjaffeesquire@gmail.com
- [The Other Part of How to Win the Cali SB 276 battle (and what’s not going to work)](https://rickjaffeesq.com/2019/04/13/the-other-part-of-how-to-win-the-cali-sb-276-battle-and-whats-not-going-to-work/) - My last post “Go Big and Go Smart or Move Out of State” generated some sharp disagreements (at least on my Facebook page), but that’s not a bad thing. These issues need to be discussed, but quickly, so that action isn’t delayed. here is that post: http://rickjaffeesq.com/2019/04/11/to-the-cali-sb-276-opponents-go-big-and-go-smart-or-move-out-of-state/ One criticism I got is don’t piss-off the
- [To the Cali SB 276 Opponents: Go Big and Go Smart, or Move out of State](https://rickjaffeesq.com/2019/04/11/to-the-cali-sb-276-opponents-go-big-and-go-smart-or-move-out-of-state/) - I saw some Facebook video clips from the Sacramento anti-SB 276 rally which took place yesterday, April 10, 2019. The hundreds of participants seemed highly motivated. The speakers which included Rock Star Del Big Tree and RFKJr, (who I consider the brightest and most cogent star in the Vaccine Concerned firmament) was also there I’ve
- [Where is the California Medical Board's Outrage over SB 276?](https://rickjaffeesq.com/2019/04/09/where-is-the-california-medical-boards-outrage-over-sb-276/) - Unless you follow general health care issues, you might have missed the outrage expressed by the head of the California Insurance Commission, when it came out that nurses rather than doctors were making insurance coverage decisions about expensive medical procedures, and for high cost procedures, denial of coverage means denial of care. Here is an
- [Good News for the Vaccine Concerned: NY Judge TRO's Rockland County Executive's Ban](https://rickjaffeesq.com/2019/04/05/good-news-for-the-vaccine-concerned-ny-judge-tros-rockland-county-executives-ban/) - A New York judge in Rockland County has just issued a TRO stopping Rockland County Executive Edwin Day's March 26, 2019 ban on unvaccinated orthodox jewish children from being in public places for one month because of the measles outbreak in Rockland County. This might be the first ever something like this has happened, maybe
- [EXTRA, EXTRA: US Stem Cell Litigation Goes to the Court for Decision](https://rickjaffeesq.com/2019/04/04/extra-extra-us-stem-cell-litigation-goes-to-the-court-for-decision/) - Per Pacer, on April fools day (with whatever significance that has to you), both sides submitted their replies on their respective summary judgement motions. The case is now as lawyers say, sub judice, (submitted for and pending decision). No big surprises in these last papers. The government says the defendants are violating FDA laws and
- [The Feds Send Some Love Letters to CBD Companies](https://rickjaffeesq.com/2019/04/04/the-feds-send-some-love-letters-to-cbd-companies/) - CBD is the new gold rush in complementary and integrative health. It’s everywhere. But while CBD based products may be legal federally, they are obviously not approved drugs, and are at best regarded as dietary supplements. As such, no medical claims can be made. But legal technicalities have not stopped the CBD companies from marketing
- [Revised and Updated Breaking FDA News: Finally Some Action Against a Cord Blood Manufacturer & MORE TO COME SOON!](https://rickjaffeesq.com/2019/04/03/breaking-fda-news-finally-some-action-against-a-cord-blood-manufacturer/) - For some reason, and for the life of me I can’t figure out what it is, up until now, the FDA has been extremely shy about confronting cord blood manufacturer/resellers. I can’t think of a single warning issued against these folks, even though they claim to their physician customers that their products are FDA exempt,
- [US Stem Cell Case Update; No breaking news but . . . .](https://rickjaffeesq.com/2019/03/30/us-stem-cell-case-update-no-breaking-news-but/) - Per the Court's scheduling order, the parties filed their pre-trial materials yesterday, March 29th, including what's called the Joint Pre-trial Stipulation ("JPTS") which lays out for the Judge what each party's contentions are, lists disputed and agreed-to facts and legal issues. It's about as good of a summary of the case as the judge or
- [Memo to Cali. Parents of Currently Vaccine Medically Exempt Children: What happens if SB 276 becomes law?](https://rickjaffeesq.com/2019/03/30/memo-to-cali-parents-of-currently-vaccine-medically-exempt-children-what-happens-if-sb-276-becomes-law/) - By now, all Cali. Vaccine Concerned ("VC") know that earlier this week, Senator Richard Pan dropped the bill he’s been hinting about for some time. His SB 276 will eliminate the power of physicians to issue vaccine medical exemptions. Instead, doctors will submit form applications/requests for exemptions which will be reviewed and approved or denied
- [Cali. SB 276 moves to eliminate physician medical exemptions, but hey numb nuts, there’s a reason they’re called “medical exemptions”](https://rickjaffeesq.com/2019/03/26/cali-sb-276-moves-to-eliminate-physician-medical-exemptions-but-hey-numb-nuts-theres-a-reason-theyre-called-medical-exemptions/) - Last night, March 25, 2019, California Senator Richard Pan’s office dropped his new bill, SB 276 correcting what he has described as the rampant unjustified/fraudulent medical vaccine exemptions being written by some physicians. His solution is to have public health officers approve or reject medical exemption “requests” submitted by physicians. The bill also establishes the
- [A post with two titles:  The dissenting opinion everyone interested in the vaccine issue should read/ The Strongest Argument against Cali SB 276](https://rickjaffeesq.com/2019/03/27/a-post-with-two-titles-the-dissenting-opinion-everyone-interested-in-the-vaccine-issue-should-read-the-strongest-argument-against-cali-sb-276/) - In late January 2019, Federal Circuit Court of Appeals Judge Newman issued a dissenting opinion which everyone interested in the vaccine issue should read and study. The Court of Appeals had affirmed the vaccine court’s denial of compensation to an alleged vaccine injured child on the stated grounds that the child’s injury was a result
- [Breaking News in the US Stem Cell Injunction Case!](https://rickjaffeesq.com/2019/03/20/breaking-news-in-the-us-stem-cell-injunction-case/) - But first a ho hum update Last week, both parties filed motions for summary judgment. What that means is that both sides are arguing that there is no need for a trial and that the judge can decide the case on the summary judgment papers. The government argues of course that the defendants are violating
- [US Stem Cell Co-Defendant Gradel Throws in the Towel; Mediation fails (big surprise)](https://rickjaffeesq.com/2019/03/23/us-stem-cell-co-defendant-gradel-throws-in-the-towel-mediation-fails-big-surprise/) - The consent order of defendant Theodore Gradel has been filed. He is no longer involved with the company and has agreed to a permanent injunction enjoining him basically being in what the FDA considers to be the illegal private stem cell clinic business. here it is: gradelconsentdecree On top of that, the mediation between the
- [The Smartest Thing the Vaccine Concerned Have Done Recently (or maybe ever)](https://rickjaffeesq.com/2019/03/21/the-smartest-thing-the-vaccine-concerned-have-done-recently-or-maybe-ever/) - But first, the dumbest thing the VC do, IMO. I have been very critical of both the tactics and strategic decisions made by the Vaccine Concerned powers-that-be. For example, although I understand the emotions behind them, I think all the lawsuits challenging SB 277 were a waste of time and money. No court is going
- [Is there a First Amendment right to share negative information/concerns about vaccines on Facebook?](https://rickjaffeesq.com/2019/03/12/is-there-a-first-amendment-right-to-share-negative-information-concerns-about-vaccines-on-facebook/) - Can Facebook engaged in vaccine censorship
- [There's just time for a quick update on the FDA’s Injunction Lawsuit against US Stem Cell Clinic](https://rickjaffeesq.com/2019/03/07/theres-just-time-for-a-quick-update-on-the-fdas-injunction-lawsuit-against-us-stem-cell-clinic/) - Recent fillings and orders which were expected: Longer papers for summary judgement. The parties jointly moved to allow each to file more pages than is allowed for summary judgment under the local rules. The parties wanted double the amount. The judge gave them less.Yesterday the parties filed a joint motion to cancel the local rule
- [Real Time Censorship of case report on HPV vaccine associated with ADEM](https://rickjaffeesq.com/2019/02/28/real-time-censorship-of-case-report-on-hpv-vaccine-associated-with-adem/) - Most pediatricians receive in the mail Pediatrician News. The most recent issue contained an interesting case report discussed in “Pearce-ings” by columnist Francine Pearce, M.D. It discusses a teenage girl who presented to an orthopedist with back pain of unknown etiology, who then had a seizure of unknown origin, according to the neurologist. The patient
- [FDA Commish talks from a place other than his mouth, and I agree with Richard Pan](https://rickjaffeesq.com/2019/02/20/fda-commish-talks-from-a-place-other-than-his-mouth-and-i-agree-with-richard-pan/) - FDA commissioner threatens federal vaccine mandate for school children; it's not going to happen
- [Is cord blood/umbilical cord stem cell treatment legal?](https://rickjaffeesq.com/2019/02/08/is-cord-blood-umbilical-cord-stem-cell-treatment-legal/) - Virtually all the attention I’ve given to stem cells in my prior posts has been on autologous stem cell transplants. But the private stem cell clinic industry actually started with cord blood back in the early part of this century. I have written about the start of this field and the FDA’s first two cord
- [Can the California Authorities Revoke my Child’s Vaccine Medical Exemption?](https://rickjaffeesq.com/2019/02/19/can-the-california-authorities-revoke-my-childs-vaccine-medical-exemption/) - I’ve been asked that a number of times recently. Here’s my qualified answer: There is no statutory, other legal basis, or procedural mechanism for a school or public health official to revoke, rescind or invalidate a facially valid vaccine medical exemption issued by a duly licensed California physician. That is my opinion and it is
- [A Injured Stem Cell Patient’s Story](https://rickjaffeesq.com/2019/02/18/a-injured-stem-cell-patients-story/) - I previously posted about a west coast stem clinic which had injured several dozen patients with its autologous based stem cell product. Here is a link to the prior post: http://rickjaffeesq.com/2019/01/13/what-should-happen-if-a-stem-cell-clinic-harms-many-patients-revised/ Here is the story on one of the patients, written in her own words, with some deletions and redactions to de-identify the clinic. The
- [THE BEGINNING OF THE END OF THE FDA’S REGULATION OF AUTOLOGOUS STEM CELL TREATMENTS FOR ORTHOPEDIC USE](https://rickjaffeesq.com/2019/02/05/the-beginning-of-the-end-of-the-fdas-regulation-of-autologous-stem-cell-treatments-for-orthopedic-use/) - A little over a year ago, the FDA made public its final guidance documents in the stem cell field (HCT/P’s in FDA parlance). The documents were highly restrictive and all but eliminated the use of autologous stem cells outside of clinical trials. (I have written about this many, many times. Just scroll through some of
- [What Should Happen if a Stem Cell Clinic Harms Many Patients?  (Revised)](https://rickjaffeesq.com/2019/01/13/what-should-happen-if-a-stem-cell-clinic-harms-many-patients-revised/) - Here’s my core position: I support a patient’s access to his/her own stem cells (autologous use) for any use agreed to by the patient after proper informed consent which is not tainted by false or misleading advertising claims by the stem cell clinic. This post is about autologous use, not allogeneic, i.e., another person's stem
- [What Should Happen if a Stem Cell Clinic Harms Many Patients?](https://rickjaffeesq.com/2019/01/13/what-should-happen-if-a-stem-cell-clinic-harms-many-patients/) - Here’s my core position: I support a patient’s access to his/her own stem cells for any use agreed to by the patient after proper informed consent which is not tainted by false or misleading advertising claims by the stem cell clinic. My philosophical/public policy/constitutional thinking is that people do/should have a right to determine what
- [Is CAM under stealth attack by the Monopoly Internet Megacompanies ?](https://rickjaffeesq.com/2019/01/03/is-cam-under-stealth-attack-by-the-monopoly-internet-megacompanies/) - CAM (Complementary and alternative medicine, now more commonly known as integrative medine) has always been polarizing in the medical community, and has consistently come under attack by conventional medicine advocates. In the time since I became active, it was the quackbusters, then the sceptics who evolved into the bloggers who attack all things CAM. Heretofore,
- [Brief Memo on Advertising to Private Stem Cell Clinics (Especially the “Affiliates” of the two Defendant Organizations)](https://rickjaffeesq.com/2018/12/14/brief-memo-on-advertising-to-private-stem-cell-clinics-especially-the-affiliates-of-the-two-defendant-organizations/) - Now would be a good time for private stem cell clinics to change their web site advertising
- [Some Perspective on the California Medical Board’s “task force” on Stem Cell Clinics](https://rickjaffeesq.com/2018/12/03/some-perspective-on-the-california-medical-boards-task-force-on-stem-cells-clinics/) - A few days ago, the big dog blogged that a San Diego TV station was reporting that the Medical Board of California (MBC) has announced its intention to form a task force to "investigate" private stem cell clinics, presumably following the Federation of State Medical Board’s (Federation) report on the subject. Here is the post:
- [Private stem cell clinics should start worrying about some new regulatory players](https://rickjaffeesq.com/2018/11/27/private-stem-cell-clinics-should-start-worrying-about-some-new-regulatory-players/) - Up until very recently, the FDA has basically been the sole regulatory threat to the private/for-profit stem cell clinics, via published guidance documents, site inspections, warning letters and the recent federal civil injunction cases against the two biggest stem cell operations. See my posts about the status of these cases at: http://rickjaffeesq.com/2018/09/26/update-on-fda-injunction-cases/ As an aside
- [Cali. Medical Board is Closing in on Vaccine Exemption Writing Physicians](https://rickjaffeesq.com/2018/11/02/cali-medical-board-is-closing-in-on-vaccine-exemption-writing-physicians/) - Several vaccine writing California physicians are now under investigation by the California Medical Board. By that I mean that the Board has issued subpoenas to obtain the medical and/or school vaccination records of kids who obtained vaccine exemptions from these physicians. In some cases, the Board investigation is a result of a complaint filed by
- [MD/DC Clinics and “Fraudulent Incorporation”](https://rickjaffeesq.com/2018/10/24/md-dc-clinics-and-fraudulent-incorporation/) - It’s been some time since I’ve lasted written about MD/DC clinics and how they can turn into fraudulent operations. Here are two of my last couple of articles from Dynamic Chiropractic. https://www.dynamicchiropractic.com/mpacms/dc/article.php?id=46387 https://www.dynamicchiropractic.com/mpacms/dc/article.php?id=46096 In the last few years, there has been an uptick in federal criminal prosecutions and insurance company lawsuits against medical clinics alleged
- [Do you have ED? (not the guy thing, but rather endocannabinoid deficiency)](https://rickjaffeesq.com/2018/10/15/do-you-have-ed-not-the-guy-thing-but-rather-endocannabinoid-deficiency/) - The absolute best part of my job is that I get to work on really interesting medico legal issues, interact with very smart experts who know their stuff. In July, I tried a California medical board case for a doctor who recommended medical marijuana to five-year-old who was having severe mood disorder problems at home
- [A Really Tough Day for Stem Cell Advocates](https://rickjaffeesq.com/2016/09/08/really-tough-day-stem-cell-advocates/) - The FDA’s Stem Cell “Workshop” just ended, and if you’re a person who wants continued access to stem cell therapies outside of clinical trials (or a transplanter of “unproven stem cell therapy”), it was a very depressing day. It was way worse than I had feared in my post yesterday. http://rickjaffeesq.com/2016/09/07/fda-stem-cell-meetings-close-hand-stakeholders-sides-worried-one-side-really-worried/ Sure the two ethicists
- [The grass is still growing ever so slowly in the FDA’s injunction cases against U.S. and California Stem Cell Clinics](https://rickjaffeesq.com/2018/09/26/update-on-fda-injunction-cases/) - Since my last update about these cases in early August, not much has happened, which is to be expected in federal civil litigation. Nonetheless, here is an update. Let’s start with what hasn’t happened 1. There has been no announced agreement in either case that the defendants have stopped treating patients with their SVF, stem
- [THE "RIGHT TO ASSOCIATE" STOPS ALL  INVESTIGATIONS AND PROSECUTIONS!](https://rickjaffeesq.com/2016/08/25/right-associate-stops-investigations-prosecutions/) - (I’m just kidding, but the proponents selling this stuff aren’t) In the last 30 years, I have heard all manner of crazy legal ideas propounded by nonlawyer “legal experts” which supposedly immunize or protect licensed and/or unlicensed health care practitioners from government oversight, investigations and prosecutions. Most of the ideas are based on the one
- [Burzynski and the Texas Medical Board’s Upcoming Face Off: It’s Time for the Texas Legislature to Complete the Medical Board Fix](https://rickjaffeesq.com/2017/02/24/burzynski-texas-medical-boards-upcoming-face-off-time-texas-legislature-complete-medical-board-fix/) - On March 3, 2017, the Texas Medical Board (TMB) will decide on a sanction for Stanislaw Burzynski, M.D. Ph.D. in the current case against him. Because I am his long-time former attorney who handled both of his prior medical board cases and was the attorney on this case until a few months before the hearing,
- [I want to sue the Medical Board for Antitrust violations, because it’s restraining trade by prosecuting me for practicing my kind of medicine.](https://rickjaffeesq.com/2017/04/14/want-sue-medical-board-antitrust-violations-restraining-trade-prosecuting-practicing-kind-medicine/) - Can a doctor sue a medical board for antitrust violation for filing a disciplinary case?
- [S 2689: Congress to the rescue on stem cells? (Not)](https://rickjaffeesq.com/2016/05/04/stem-cells/) - In my last post on stem cells, I painted a pretty bleak picture. Based on warning letters and recent FDA guidance documents, the clinical use of autologous stem cell therapeutics is essentially over. The only way patients are going to be able to receive autologous stem cell transplants for non-homologous use is either in FDA
- [The Sleeping Giant Awakens: The FDA starts its final push to eliminate practice of medicine stem cell clinics](https://rickjaffeesq.com/2017/09/22/sleeping-giant-awakens-fda-starts-final-push-eliminate-practice-medicine-stem-cell-clinics/) - In late August, the FDA issued a trilogy of pubic actions and announcements advancing its goal of shutting down what I’ll call the practice of medicine stem cell clinics (“POM”). These clinics provide autologous stem cells and other autologous tissue or tissue based products which have not been approved by the FDA. These clinics have
- [King Canute and why the FDA will never stop the private stem cell clinics](https://rickjaffeesq.com/2018/08/23/king-canute-and-why-the-fda-will-never-stop-the-private-stem-cell-clinics/) - The FDA will never stop the private stem cell clinics and King Canute tells us why
- [Ohio Takes Action against the CBD Industry](https://rickjaffeesq.com/2018/09/01/ohio-takes-action-against-the-cbd-industry/) - The Ohio Board of Pharmacy has just passed a regulation that CBD products can only be sold in state licensed dispensaries. Here is the new regulation. https://assets.documentcloud.org/documents/4793384/Clarification-on-CBD-Oil.pdf Although around 50 licenses have been issued, currently there are no dispensaries in operation and it is estimated that it will take many months before the dispensaries pass
- [Board subpoenas , Yes (usually); De facto search warrants, No](https://rickjaffeesq.com/2016/04/11/board-subpeonas-yes-de-facto-search-warrants-no/) - TMB personnel face damage claim for illegally trying to search and seize medical records In the late 1980s, my New York law firm did some work for Robert Atkins involving the New York medical board, (aka the Office of Professional Medical Conduct). The board wanted the records of a number of his ozone therapy patients.
- [Federal Right to Try; hopefully not déjà vu all over again](https://rickjaffeesq.com/2016/05/24/federal-right-try-hopefully-not/) - Recently, a federal right to try bill was introduced in the senate, which is a companion to a bill introduced in the house last summer, HR 3012. I want so bad to feel hopeful and even excited. I’m trying, I really am, but I was deeply involved in similar past efforts, including the bill
- [How many cosmeceuticals can fit on the head of a pin?](https://rickjaffeesq.com/2016/07/27/many-cosmeceuticals-can-fit-head-pin/) - How many cosmeceuticals can fit on the head of a pin? None, according to the FDA, because there is no such thing. In FDA-land, there are only regular cosmetics which are essentially un-FDA regulated, and cosmetics which are drugs and regulated as drugs, meaning full-on FDA new drug approval applications. My guess is that
- [A glass half empty guy sees it's really mostly full](https://rickjaffeesq.com/2016/08/13/a-glass-half-empty-guy-sees-its-really-mostly-full/) - I just gave alittle talk at the Certified Clinical Nutritionist Conference in Jacksonville, Florida. Up until the last few years, I had been attending their annual conferences for the better part of twenty years, usually giving a talk about what’s going on in the CAM field (complementary and alternative medicine, now called integrative medicine). As
- [My Doom and Gloom at IAACN Jacksonville](https://rickjaffeesq.com/2016/08/14/doom-gloom-iaacn-jacksonville/) - rajccn2016 it's just the power point, so it might not be as depressing/scary as the talk.
- [Press Release re Dr. Bob Sears case with Ca. Medical Board](https://rickjaffeesq.com/2016/09/13/press-release-re-dr-bob-sears-case-ca-medical-board/) - "I represent Dr. Bob Sears in the California Medical Board's case against him for writing a medical exemption from vaccination. We take the board's accusation seriously. But this case is very clear: this child had two unusual and severe vaccine reactions and his situation warranted a medical exemption. To continue vaccination could have put the
- [Cali. Medical Board makes it official:  Docs who write non- standard-of-care medical exemptions will be prosecuted, (but maybe not)](https://rickjaffeesq.com/2016/12/15/cali-medical-board-makes-official-docs-write-non-standard-care-medical-exemptions-will-prosecuted-maybe-not/) - vaccineimage The elimination of the PBE (personal belief exemption) via SB 277 has put a lot of pressure on vaccine concerned California pediatricians to write medical exemptions for the children of vaccine concerned parents. The recently dismissed San Diego federal anti-SB 277 lawsuit showed that at least one school board is collecting information about the
- [Big Surprise: FDA’s Final Stem Cell Guidelines Threaten the Existence of Stem Cell Clinics](https://rickjaffeesq.com/2017/11/17/big-surprise-fdas-final-stem-cell-guidelines-threaten-existence-stem-cell-clinics/) - As widely reported yesterday, the FDA finalized the draft guidance documents concerning stem cells, or as the FDA refers to the category broadly, HCT/P’s. The draft guidance documents proposed a couple years ago made it very hard for what I call unregulated stem cell clinics to operate. Based on recent FDA action against a couple
- [Happy New Year! Last year review, and what’s coming this year/ ACCME/Cali. Vaccine /Homeopathy/Supplements/Antitrust/Obamacare](https://rickjaffeesq.com/2018/01/01/happy-new-year-last-year-review-whats-coming-year-accmecali-vaccine-homeopathysupplementsantitrustobamacare/) - As we start the New Year, let’s look back and forward: CAM’s ACCME problem The biggest challenge facing the CAM community in the coming years is that CAM organizations are under direct attack by ACCME, the main CME accrediting agency. In the last year or two, the ACCME have initiated a process to revoke several
- [Can a doctor recommend medical marijuana for a five-year-old in California?](https://rickjaffeesq.com/2018/07/10/can-a-doctor-recommend-medical-marijuana-for-a-five-year-old-in-california/) - That’s the question that will be answered in a California medical board case I am trying this week in downtown Los Angeles. Back in 1996, California became the first state to allow for a doctor to recommend medical marijuana for patients with serious medical conditions. There was a lot of confusion initially as to what
- [Cali. Medical Board has a new tactic to expand investigations against Vaccine Exemption-Writing Docs](https://rickjaffeesq.com/2018/09/14/cali-medical-board-has-a-new-tactic-to-expand-investigations-against-vaccine-exemption-writing-docs/) - It’s been two years since California rescinded the personal belief vaccine exemption, so since the fall of 2016, vaccine-concerned (VC) parents of school aged kids have needed to find a physician to write vaccine medical exemptions for their children. Right after the new law went into effect, the California Medical board filed charges against one
- [Are all these anti-patients' rights laws necessary for autologous stem cell transplants?](https://rickjaffeesq.com/2016/06/02/anti-patients-rights-laws-necessary-autologous-stem-cell-transplants/) - A long time ago as a first semester law student, I took the “Legal Method” course on how to read cases, the rules of statutory construction, and generally the analytic tools which lawyers use to analyze the law. I still remember the professor explaining how sometimes a law is created which makes sense when
- [Why can't dying patients have ANY drug they can get their hands on?](https://rickjaffeesq.com/2016/05/12/cant-dying-patients-drug-can-get-hands/) - For almost 40 years, terminal patients have been trying to obtain access to unapproved new drugs. The latest effort has come from the Goldwater Institute (“GI”) which has made the strategic decision to bypass Congress and the federal courts and go directly to the state legislatures. GI’s legislative efforts have been wildly successful, having passed
- [Are stem cells over?](https://rickjaffeesq.com/2016/04/21/stemcells/) - In 2003, I did my first stem cell case, and it was, as far as I know, the first time the Feds investigated a physician for the clinical use of stem cells. Mitch Ghen had treated a couple of dozen ALS patients with umbilical cord blood. He obtained the material from a Florida cord blood
- [Is it time to get real about SB 277 and where the real battle will be?](https://rickjaffeesq.com/2016/08/21/time-get-real-sb-277-real-battle-will/) - Based on the transcript of the oral argument/hearing on the preliminary injunction motion in the federal challenge to California SB 277 (the removal of the personal belief exemption), it seems pretty clear that the judge is going to follow the law, and that’s bad news for the vaccine concerned. The judge was polite to the
- [Shocker! SB 277 Preliminary Injunction Motion Denied](https://rickjaffeesq.com/2016/08/26/shocker-sb-277-preliminary-injunction-motion-denied/) - In an 18 page decision, Judge Sabraw denied the vaccine concerned plaintiffs' motion for a preliminary injunction. Big surprise! He also set out the grounds why he will dismiss the case, after the defendants file their motion to dismiss, which I would guess would be in the next week or two. Unfortunately, the law has
- [FDA Stem Cell Meetings Close at Hand: Stakeholders on Both Sides are Worried, but One Side Should be Really Worried.](https://rickjaffeesq.com/2016/09/07/fda-stem-cell-meetings-close-hand-stakeholders-sides-worried-one-side-really-worried/) - Next Monday and Tuesday, September 12 and 13th is a widely acknowledged big day in the stem cell world; it’s the two day public hearing on the FDA’s four draft guidance documents. (Here is a link to the FDA’s announcement. http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm. The entire event will be live broadcast via a link on this FDA page.
- [And So it Begins: First Accusation filed against a Vaccine Exemption Writing Doc](https://rickjaffeesq.com/2016/09/09/begins-first-accusation-filed-vaccine-exemption-writing-doc/) - As I've told the mostly unwilling-to-listen Vaccine Concerned Community, the real battle, and the one which will have the most direct positive or negative impact on this community is the future actions by the California Medical and Osteopathic Boards against the docs who write unlimited medical exemptions for the kids of the vaccine concerned.
- [The most important question at the FDA Stem Workshop was the one not asked](https://rickjaffeesq.com/2016/09/09/important-question-fda-stem-workshop-one-not-asked/) - I didn’t hear the first couple of presentations in the FDA’s Stem Cell workshop. However, I did listen from mid-morning to Dr. Irv Weisman’s closing. Yesterday’s post was my take on the highlights. http://rickjaffeesq.com/2016/09/08/really-tough-day-stem-cell-advocates/ Upon reflection, what is disturbing to me is what I didn’t hear, namely a discussion or even a mention of what
- [FDA Draft Stem Cell Guidance Documents Exposed as Improper Rulemaking, Bad Science and Heartless Public Policy](https://rickjaffeesq.com/2016/09/13/fda-draft-stem-cell-guidance-documents-exposed-improper-rulemaking-bad-science-heartless-public-policy/) - Today was a good day for people who want continued access stem cells outside of clinic trials, and also for people who want the FDA to allow faster access to this promising technology. There was a wide spectrum of opinions. Some stem cell companies involved in clinical trials wanted the non-clinical trials clinics shut down.
- [More on The FDA’s Stem Cell Public “Workshop”: Stem Cell Clinical Trials aren’t the Answer for Everyone](https://rickjaffeesq.com/2016/09/11/fdas-stem-cell-public-workshop-stem-cell-clinical-trials-arent-answer-everyone/) - Not unexpectedly, the organizing theme of the FDA’s Stem Cell workshop was that patients should only be able to receive their own stem cells for non-homologous use in FDA approved clinical trials until FDA marketing approval (i.e., until a New Drug Application is granted for some non-homologous use). I’ve been involved in legal/policy issues relating
- [THE SCARIEST ATTACK ON PERSONAL FREEDOM YOU'VE NEVER HEARD OF/   THE BIG TAKEWAY: If the FDA gets its way, the most popular post mastectomy breast reconstruction procedure will become illegal, and so will many other life enhancing procedures](https://rickjaffeesq.com/2016/09/16/scariest-attack-personal-freedom-youve-never-heard-big-takeway-fda-gets-way-popular-post-mastectomy-breast-reconstruction-procedure-will-become-illegal/) - Using your own stem cells, tissue and body parts without FDA interference should be a no brainer and a slam dunk, but it isn’t. I mean it’s your own body. How can the federal government interfere with your privacy and autonomy right to use parts of your own body as a treatment? The short answer
- [A short, mostly first-hand history on insurance reimbursement for CAM](https://rickjaffeesq.com/2016/11/10/a-short-mostly-first-hand-history-on-insurance-reimbursement-for-cam/) - In litigating criminal and civil CAM (Complementary and Alternative Medicine) cases for three plus decades, I’ve seen a lot, and I have the medals and battle scars to prove it (meaning good and bad court opinions, jury verdicts and prosecutorial decisions). The decades have also given me a perspective on how things have changed, and
- [Dear Donald: Good move on Dr. Tom Price at HHS and Jim O’Neill at the FDA](https://rickjaffeesq.com/2016/12/10/dear-donald-good-move-dr-tom-price-hhs-jim-oneill-fda/) - Dear Donald: Good move on Dr. Tom Price at HHS and Jim O’Neill at the FDA. Both seem to be disruptor/game changers, which is exactly what HHS and FDA need. As a guy who has been battling the FDA for a few years and per your request, here are a couple things which they should
- [Hey Mr. President: how about some quickie executive orders on prescription drug importing, stem cells, and vaccination](https://rickjaffeesq.com/2017/01/21/hey-mr-president-quickie-executive-orders-prescription-drug-importing-stem-cells-vaccination/) - Mr. President: looks like you’ve kept your word so far on Obamacare by signing a vague executive order allowing federal government agencies to do what they can to lower the costs or make more efficient whatever the agencies can figure out they can do without congressional approval. Hopefully that will work out. I have a
- [Hey Robert Kennedy Jr: Congrats and here’s a suggested first topic for the vaccine commission: Are aluminum adjuvants in childhood vaccines harming kids?](https://rickjaffeesq.com/2017/01/10/hey-robert-kennedy-jr-congrats-and-heres-a-suggested-first-topic-for-the-vaccine-commission-are-aluminum-adjuvants-in-childhood-vaccines-harming-kids/) - Robert: congrats on your appointment as head of Trump’s vaccine study commission. I think the commission is a terrific idea, and there couldn’t be a better choice than you. I’m sure you’re getting a good laugh about how concerned and “alarmed” the pro-vaxxers are at your appointment. They’re trying to calm the true believers by
- [Finally, Some Intelligent Action by the Cali Anti SB 277 Community!](https://rickjaffeesq.com/2017/03/08/finally-intelligent-action-cali-anti-sb-277-community/) - I’ve been a vocal opponent of all of the anti-SB 277 constitutional lawsuits. The most recent one was a federal lawsuit filed in mid-November, 2016, in Los Angeles, and dismissed by the federal district court in January 2017. I think all of these lawsuit were (and will be if more are filed) a terrific waste
- [The Next Big CAM Battle is Here and it’s Ugly](https://rickjaffeesq.com/2017/03/16/the-next-big-cam-battle-is-here-and-its-ugly/) - CAM or integrative medicine doctors have had their problems with the state medical boards. And CAM organizations have had their run-ins with governmental agencies. However, the groups have always survived in large part because they have had a steady income from membership dues and from their annual conferences, where their members learn the latest and
- [Insurance and healthcare for dummies, (and I mean you, members of Congress)](https://rickjaffeesq.com/2017/09/27/insurance-healthcare-dummies-mean-members-congress/) - A parable about how to fix health care costs
- [New Mexico Integrative Practitioners Dodge a Bullet (with Shirley MacLaine’s help) but there’s still danger and work to be done](https://rickjaffeesq.com/2017/07/05/new-mexico-integrative-practitioners-dodge-bullet-shirley-mcclains-help-theres-still-danger-work-done/) - (Dinner with Shirley MacLaine, Pamela Costello, M.D., and Bill Wolfe, D.D.S.) Awhile back I reported that the New Mexico Medical Board was going after a prominent integrative medical practitioner because she was prescribing and selling herbal protocols as primary therapy for the treatment of various environmentally caused neurological conditions, supposedly in violation of the AMA
- [Texas stem cell legislative battle goes down to the wire, but alas, it’s less the meets the eye](https://rickjaffeesq.com/2017/05/26/texas-stem-cell-legislative-battle-goes-wire-alas-less-meets-eye/) - Under current law, it is illegal for patients to have their own stems cells removed, cultured/expanded and reinjected. That’s too bad because there are plenty of instances where this treatment seems to be helping patients with incurable chronic diseases such as MS. Patients who want this type of treatment have to go abroad, usually either
- [ALL’S MOSTLY QUIET ON THE FDA FRONT, but don’t expect that to last now that there’s a New FDA Commissioner](https://rickjaffeesq.com/2017/04/30/alls-mostly-quiet-fda-front-dont-expect-last-now-theres-new-fda-commissioner/) - It seems like forever ago since the FDA’s 2015-2016 attempt to increase its regulatory powers, or more pointedly, since the FDA regulatory thugs have tried to dramatically restrict the personal freedom of US citizens. The good news is that most of the major proposed changes are still up in the air. The not-so-good news is
- [Maybe it’s time for the health concerned multitudes to come together, throw their weight around and change things up](https://rickjaffeesq.com/2017/03/30/maybe-its-time-for-the-health-concerned-multitudes-to-come-together-throw-their-weight-around-and-change-things-up/) - Per my two last posts, the CAM (Complementary and Alternative Medicine) community is under attack on at least two fronts. First, several CAM professional or issue related organizations have recently been subjected to corrective action regarding their CME accreditation for their annual conferences. Some of their last year’s conference CME’s have been retroactively rescinded, they
- [Can CAM Docs Legally Prescribe and Sell Herbals and Nutritional Supplements as Therapy without Bad Things Happening?  Prescribe, YES. Sell? WE'LL SEE](https://rickjaffeesq.com/2017/03/22/can-cam-docs-legally-prescribe-and-sell-herbals-and-nutritional-supplements-as-therapy-without-bad-things-happening-prescribe-yes-sell-well-see/) - Many CAM and integrative doctors recommend and/or sell all kinds of nutritional and herbal products to their patients. There is a supplement manufacturer sub-industry which only sells to physicians and other health care professionals, for resale to patients. And most of the top tier, high profile docs have their own private label supplement brands. That’s
- [There is no Cali. mandatory childhood vaccination YET, but it may be coming](https://rickjaffeesq.com/2016/12/21/no-cali-mandatory-childhood-vaccination-yet-may-coming/) - Vaccine concerned (VC) folks decry the recent loss of the personal belief exemption via SB 277, and feel like they’ve been abducted to some kind of communist state. (But hey, ever been to Berkeley!) The present legal reality is that we don’t have mandatory or forced vaccinations here. Rather, vaccines are required for people to
- [Unwanted advice for the anti-vaxxer Cali. SB 277 lawsuit reboot](https://rickjaffeesq.com/2016/11/03/unwanted-advice-anti-vaxxer-cali-sb-277-lawsuit-reboot/) - Here’s what I’m getting from the Bolen Report’s prediction/foreshadowing of the new SB277 challenge, and so here is some more probably unwanted advice: 500 Plaintiffs: Really? HELLO: you’re fighting an asymmetrical battle. The government has a lot more financial and personnel power than you guys. Moreover, if what you say is true, namely that big
- [Big trouble ahead for companies selling homeopathic remedies in California (revised)](https://rickjaffeesq.com/2017/11/05/big-trouble-ahead-companies-selling-homeopathic-remedies-california-revised/) - Last month, the California Court of Appeals came out with a decision which should scare the bejesus out of companies selling homeopathic remedies in California. The case is Rosendez vs. Green Pharmaceuticals. Here is the decision: https://www.leagle.com/decision/incaco20171004089 First horrible thing: It was a class action You want to get a company’s attention: file a class
- [Dr.  Bob Sears Medical Board Case Update: LA Times tries to squeeze, shame and goad the California Medical Board to go after Bob Sears and other vaccine exemption writing Docs harder and faster](https://rickjaffeesq.com/2017/11/06/dr-bob-sears-medical-board-case-update-la-times-tries-squeeze-shame-goad-california-medical-board-go-bob-sears-vaccine-exemption-writing-docs-harder-faster/) - We recently received hearing dates in late May, 2018 for Dr. Bob’s hearing before an administrative law judge. The case is primarily about his writing a note excusing the child from vaccination due to two prior severe vaccine reactions. But May, 2018 apparently is not soon or severe enough for the LA Times which today
- [I'm flattered but this is what the stem cell clinics are up against; To me it's all about personal freedom](https://rickjaffeesq.com/2017/11/21/im-flattered-stem-cell-clinics-personal-freedom/) - I've just had the distinct but perhaps questionable honor of being quoted extensively by the Grand Inquisitor of all things unconventional (medicine wise). here is his post: https://respectfulinsolence.com/2017/11/21/fda-cracks-quack-stem-cell-clinics/ Like M.C. Escher so brilliantly explains in his pictures, it all depends on your perspective, whether you think the the FDA final guidance documents are a good
- [FDA sends a Happy New Year greeting to another stem cell operation!](https://rickjaffeesq.com/2018/01/05/fda-sends-happy-new-year-greeting-another-stem-cell-operation/) - As a prelude to more of what may be coming this year, the FDA has issued its first warning letter to a for-profit stem cell entity, on the third working day of the New Year. As per previous posts, expect more to follow in the coming weeks and months, targeting the most visible stem cell
- [A Bad Decision on IFM’s CME battle](https://rickjaffeesq.com/2018/04/04/bad-decision-ifms-cme-battle/) - I’ve previously discussed the ongoing efforts by the AACME (the main CME accrediting agency) to revoke the CME granting status of various unnamed integrative medical groups. See post at: http://wp.me/p7pwQD-9q But the ACCME isn’t the only organization which grants CAM groups CME course accreditation. The AAFP (American Association of Family Practitioners) does also. The AAFP
- [The CME certification powers-that-be go after the other big dog in Integrative Medicine](https://rickjaffeesq.com/2018/04/18/cme-certification-powers-go-big-dog-integrative-medicine/) - The original version of this Post incorrectly stated that IFM's CME status was revoked by the ACCME. THAT WAS INCORRECT! Sorry about that. However, the highly respected Institute for Functional Medicine (IFM) has had some issues with its CME course accreditation, via the Family Practice physicians' group. It's complicated, so see my post at: http://wp.me/p7pwQD-d3
- [Hot off the press: The other shoe drops on stem cell clinics](https://rickjaffeesq.com/2018/05/09/hot-off-press-shoe-drops-stem-cell-clinics/) - The Washington Times reported today that the FDA has filed permanent injunction lawsuits against the two most high profile U.S. stem cell clinics. Here is the article: https://www.washingtontimes.com/news/2018/may/9/doj-moves-shut-down-two-stem-cell-clinics/ Both of these clinics received FDA warning letters last year indicating that their operation violated federal law. Today's action by the FDA in the logical and inevitable
- [Is CBD Oil Legal?](https://rickjaffeesq.com/2018/06/13/cbd-oil-legal/) - The CBD oil business has exploded in the last couple of years. I was at an integrative medical conference in New York City back in February and I asked a few CBD oil vendors whether their product was legal. They all assured me that their product was legal, some claiming that it was legal because
- [Should Cali. Bioidentical Hormone Docs be Worried About Prudence Hall’s Medical Board Sanction?](https://rickjaffeesq.com/2018/09/21/should-cali-bioidentical-hormone-docs-be-worried-about-prudence-halls-medical-board-sanction/) - Fairly Short Answer: Maybe, but for sure, it should cause BHRT docs to learn from the case and re-examine their protocols and systems in treating, following-up and referring-out patients for diagnostics. Bioidentical Hormone Replacement Therapy (BHRT) is a huge business now. It was invented by Jonathan Wright back in the late 1970’s, but it only
- [Some perspective on private stem cell clinics and the FDA’s response](https://rickjaffeesq.com/2018/08/09/some-perspective-on-private-stem-cell-clinics-and-the-fdas-response/) - the FDA has bigger fish to fry than making a massive move against the for profit stem cell clinics
- [Some things in the private stem cell clinic debate are complicated, but some aren’t](https://rickjaffeesq.com/2018/08/02/some-things-in-the-private-stem-cell-clinic-debate-are-complicated-but-some-arent/) - I am a believer and advocate that patients should have the freedom to use their own processed and expanded stem cells. That should mean that I support US Stem Cell Clinic’s fight against the FDA’s injunction action. But I don’t. I just can’t get past the fact that this Florida stem cell operation allowed a
- [Update on the FDA’s Stem Cell Injunction Cases](https://rickjaffeesq.com/2018/08/01/update-on-the-fdas-stem-cell-injunction-cases/) - Watching a federal civil case progress is usually about as interesting as watching grass grow, except that grass grows faster. It’s been around three months since the FDA filed permanent injunction actions against the country’s two most notorious stem cell clinics/networks, California Stem Cell Treatment Center/Cell Surgical Network and US Stem Cell Clinic and network.
- [It’s Surprisingly Quiet on the California Vaccine Front](https://rickjaffeesq.com/2018/07/24/its-surprisingly-quiet-on-the-california-vaccine-front/) - It has now been two years since California rescinded the PBE (Personal Belief Exemption) for vaccinating school kids (SB 277). Let’s take a quick look back and see what can be learned from what has and hasn’t happened. 1. The Legal Challenges to the law were a complete bust From the get-go, I was extremely
- [Federal “right to try” is law! Now what?](https://rickjaffeesq.com/2018/06/04/federal-right-try-law-now/) - Last week, Pres. Trump signed the federal right to try law. So what happens next? Meaning, who is it going to affect and how big of a difference is it going to make in the lives of the terminally ill and those without any other therapeutic option. Why a federal law was needed? As most
- [Criminal prosecution was not a concern or consideration in Regenerative Sciences' decision to stop treating patients in its case  way back then](https://rickjaffeesq.com/2018/05/25/criminal-prosecution-not-concern-consideration-regenerative-sciences-decision-stop-treating-patients-case-way-back/) - In an earlier post discussing the decision making facing the US Stem Cells and California Stem Cell Treatment Center folks, I discussed the Regenerative Sciences case in which the district court granted the government's summary judgement motion to bar the company from providing its expanded stem cells to patients (which decision was affirmed by the
- [Further thoughts on the defendants in the FDA’s stem cell injunction actions](https://rickjaffeesq.com/2018/05/23/thoughts-defendants-fdas-stem-cell-injunction-actions/) - My post about considerations facing the defendants in the FDA's injunction cases, http://rickjaffeesq.com/2018/05/17/hard-choices-stem-cell- defendants-fdas-injunction-cases/ was discussed yesterday in the stem cell field’s big dog, the Niche, by Paul Knoepfler. https://ipscell.com/2018/05/when-the-fat-stem-cells-hit-the-fire-will-clinics-sued-by-fda-opt-to-stop-soon/. After reading it, a follow-up is in order. A correction and follow up: In my post, I said that both US Stem Cell and California
- [Hard choices for the stem cell defendants in the FDA's injunction cases](https://rickjaffeesq.com/2018/05/17/hard-choices-stem-cell-defendants-fdas-injunction-cases/) - As recently reported, the FDA filed permanent injunction actions against the two highest profile stem cell clinic/operators, US Stem Cells Clinic and Cell Surgical Network/California Stem Cell Treatment. See my post at http://wp.me/p7pwQD-dz As an FDA attorney who has worked on civil and criminal stem cell investigations and cases, I can tell you that these
- [Texas Medical Board to patients needing stem cells (and the Texas legislature): Drop Dead!](https://rickjaffeesq.com/2018/05/14/texas-medical-board-patients-needing-stem-cells-texas-legislature-drop-dead/) - Last year, the Texas legislature passed landmark stem cell legislation (HB 810). The law didn’t open the floodgates for every physician who wanted to inject patients with stem cells. However, it did allow patients to access their own stem cells (as well as other people’s stem cells), under controlled circumstances, namely the procedure had to
- [The FDA’s injunction complaints against US Stem Cell Clinic and California Stem Cell Treatment Center](https://rickjaffeesq.com/2018/05/10/fdas-injunction-complaints-us-stem-cell-clinic-california-stem-cell-treatment-center/) - Yesterday, May, 9th the FDA filed complaints seeking permanent injunctions in Florida and California federal courts against the two highest visibility U.S. stem cell operations. For the interested, here are the complaints. comella bermancomplaint What’s in the complaints? It’s pretty much as I said in yesterday’s post. The two complaints are substantially identical and no
- [First 2018 Stem Cell Update](https://rickjaffeesq.com/2018/02/06/first-2018-stem-cell-update/) - What's happening in the stem cell world so far in 2018
- [The year in review and some predictions about next year/ Part One: Stem Cells](https://rickjaffeesq.com/2017/12/26/year-review-predictions-next-year-part-one-stem-cells/) - 2017 year in review for stem cells
- [Update on the Green Pharmaceuticals Homeopathy Case/You Do What You Can](https://rickjaffeesq.com/2017/12/12/update-green-pharmaceuticals-homeopathy-caseyou-can/) - To recap and expand on my prior post on the case: (http://rickjaffeesq.com/2017/11/05/big-trouble-ahead-companies-selling-homeopathic-remedies-california-revised/) Green Pharmaceuticals which makes SnoreStop was sued by a bottom feeding (IMO) plaintiffs class action law firm for false advertising and unfair business practices in California. The theory of the case was that homeopathy is unscientific nonsense and none of the product's ingredients
- [Saturday Night Gala for Brain Tune-ups for TBI Vets](https://rickjaffeesq.com/2017/11/08/saturday-night-gala-brain-tune-ups-tbi-vets/) - This Saturday night, I’m going to the Brain Wellness Gala at the Army/Navy Club in DC. The organization raises money for funding veterans with TBI (traumatic brain injury) to get treatment with an effective but completely non-invasive treatment involving micro current stimulation. It’s a form of Neurofeedback. Here is info about the event. http://www.brainwellnessfund.org/ Neurofeedback
- [California enacts a new stem cell law, but it won’t do or change anything](https://rickjaffeesq.com/2017/10/05/california-enacts-new-stem-cell-law-wont-change-anything/) - New California Stem Cell law won't have any effect in restricting stem cell clinics
- [Landmark Texas Stem Cell Legislation Gets through the Texas Legislature!](https://rickjaffeesq.com/2017/05/31/landmark-texas-stem-cell-legislation-gets-through-the-texas-legislature/) - Over the Memorial Day weekend, the Texas Legislature passed amended HB 810, which allows access to autologous (yours) and allogenic (not your) stem cells. It is landmark legislation in that it is the first state law allowing access to stem cell treatments which are not FDA approved, and which do not fit within the narrow
- [A Bad Day for CAM and patients: First CAM Group Caves-in to ACCME’s Extortion/Re-education](https://rickjaffeesq.com/2017/04/04/bad-day-cam-patients-first-cam-group-caves-accmes-extortionre-education/) - CAM group knuckles under to ACCME
- [Game Changing the Stem Cell Debate](https://rickjaffeesq.com/2016/10/06/game-changing-stem-cell-debate/) - It’s been almost a month since the FDA’s two day hearing on the draft guidance documents on autologous stem cells. Here is the short version of what happened: The stem cell research industry, meaning the basic scientists and academic physicians employed at big institutions, and their acronym organizations like the draft guidances. They agree with
- [Manly Advice for my Cali. Anti-Vaxer Friends](https://rickjaffeesq.com/2016/06/14/190/) - Ok, some of you were put-off by the “anti-vaxer” moniker. Some suggested you’re all health freedom fighters. I’m not willing to bestow that laudatory title until I see a more cohesive, rational and convincing case made, though I’m sure I am a minority of one on this in the health freedom community. How about the designator
- [To my Cali. anti-vaxer friends: here's some probably unwanted but possibly useful advice](https://rickjaffeesq.com/2016/06/10/cali-anti-vaxer-friends-heres-probably-unwanted-possibly-useful-advice/) - why the California vaccine personal exemption law won't be overturned and what anti vaxers should do about it.
- [Self-Dismissal of SB 277 Lawsuit: Smartest thing they’ve done so far:  Is it a one-of or are they on a roll?](https://rickjaffeesq.com/2016/09/01/self-dismissal-sb-277-smartest-thing-theyve-done-far-one-roll/) - I’ve been very skeptical of the federal SB 277 lawsuit and preliminary injunction motion, for technical legal and substantive reasons. (See my prior posts: http://rickjaffeesq.com/2016/06/10/cali-anti-vaxer-friends-heres-probably-unwanted-possibly-useful-advice/ http://rickjaffeesq.com/2016/06/14/190/ http://rickjaffeesq.com/2016/08/21/time-get-real-sb-277-real-battle-will/ http://rickjaffeesq.com/2016/08/26/shocker-sb-277-preliminary-injunction-motion-denied/) Well the powers-that-be finally did something smart; they voluntarily dismissed the case before the state had a chance to file a dismissal motion and before the
- [Then again, maybe the glass is still less than half full, and water might start leaking out](https://rickjaffeesq.com/2016/08/16/maybe-glass-still-less-half-full-water-might-start-leaking/) - NDI draft guidance document severely restricts access to dietary supplements

## Pages

- [Home](https://rickjaffeesq.com/) - Richard Jaffe is a health care litigator, focusing on cutting-edge medical/legal issues. He has a JD from Columbia Law School where he was a member of the Columbia Law Review and a Stone Scholar and a BA with honors from the Hebrew University of Jerusalem where he received the prize for academic excellence in the
- [Contact Info.](https://rickjaffeesq.com/office-info/) - Contact Information: Richard Jaffe, Esq. Sacramento Office 428 J St., 4th Floor Sacramento, Ca. 95814 916-492-6038 713-626-9420 (fax) Houston Office 4900 Woodway Dr. Suite 510 Houston, Tx. 77056 916-492-6038 713-626-9420 (fax) Email: rickjaffeesquire@gmail.com
- [Client Portal](https://rickjaffeesq.com/clients/) - [jetpackcrm_clientportal]
- [Curriculum Vitae](https://rickjaffeesq.com/curriculum-vitae/) - Curriculum Vitae Education: Columbia University School of Law New York, New York J.D., 1979 Columbia Law Review, Board of Editors Harlan Fiske Stone Scholar Hebrew University of Jerusalem Jerusalem, Israel B.A. with honors, 1975 Prize for academic excellence, 1975 Work Experience: 1979-1983 Practice with large Wall Street law firms, and private practice 1983-1991 Abady &
- [Stem Cells](https://rickjaffeesq.com/stem-cells/) - The Regulation of Stem Cells In the last year or two, the regulation of stem cells has dramatically changed. My take on it is that the FDA got tired of the wild west stem cell clinics which had proliferated in the mid to late 2000's. I take some of the credit/blame for it as I
- [Galileo's Lawyer](https://rickjaffeesq.com/galileos-lawyer/) - GALILEO'S LAWYER By Richard A. Jaffe, ESQ. Galileo’s Lawyer is an insider's view of the alternative/complementary/integrative health/cutting edge treatments field as told from some of the biggest legal cases in the last thirty years. Go inside the courtroom during the government's attempts to shut down a cancer clinic which was saving hundreds of terminally ill patients,
- [Links](https://rickjaffeesq.com/links/) - Links IAACN International and American Associations of Clinical Nutrition Federal Food and Drug Laws FDA Dietary Supplement Site Federation of Chiropractic Licensing Boards HHS, Office of Inspector General Workplans National Practitioners Data Bank HIPPA Information State Medical Boards State Laws protecting access to treatment Insurance Reimbursement for Clinical Trials Texas Administrative Procedure, contested cases Texas
- [Unlicensed Practitioners](https://rickjaffeesq.com/unlicensed-practitioners/) - Unlicensed Practitioners In the United States only licensed physicians and osteopaths can practice medicine. All states define the practice of medicine broadly, as any activity involved in the diagnosis, treatment, mitigation or cure of a disease or medical condition. Notwithstanding this broad definition, there are thousands of unlicensed health care practitioners treating patients in this
- [Speeches And Articles](https://rickjaffeesq.com/speeches-and-articles/) - Speeches And Articles My Friend, Gary Pomeroy Are We Focusing on the Wrong Stem Cells? For The Defense of ACM: An Interview with Rick Jaffe, Esq, by Alan Dumoff, J.D., MSW Alternative and Complementary Therapies, December 2005 Are You Committing Insurance Fraud By Doing Expensive, Hi-Tech Testing? Dynamic Chiropractic January 1, 2006, Volume 24, Issue
- [Articles Of Interest](https://rickjaffeesq.com/articles-of-interest/) - Articles Of Interest Naturopath pleads guilty:Trial ends soon after prosecutors uncover new evidence he lied By Sue Lindsay, Rocky Mountain News February 2, 2006 Hall of Shame - Witnesses for the Prosecution - Jeffrey Barke, M.D. Dr. Eidelman's Medical Board Hearing Reopens For Testimony Against the Board’s Expert Ruling Due Within Two Months A Boys
- [Patients’ Rights](https://rickjaffeesq.com/patients-rights/) - Patients' Rights In the United States, patients do not have a constitutional or a statutory right to receive any treatment they want. A patient can only receive a drug or device that has been approved by the Federal Food and Drug Administration (FDA) for interstate marketing for some purpose, or which has been approved for
- [Drug Prescribing Cases](https://rickjaffeesq.com/drug-prescribing-cases/) - Drug Prescribing Cases In the last few years, there has been a dramatic increase in state and federal prosecutions of medical doctors for improper or illegal drug prescribing practices. Most of these cases involve pain management clinics over prescribing Schedule II drugs. Often, the predominate drug prescribed at these clinics, and the drug which precipitated
- [Dietary Supplements](https://rickjaffeesq.com/dietary-supplements/) - The Current and Future Regulation of Dietary Supplements Americans have it good when it comes to access to dietary supplements, too good, some would argue. In comparison to most other industrialized countries, there are virtually no restrictions on the type or strength of nutritional supplements which can be purchased in the United States. The only
- [Civil Health Litigation](https://rickjaffeesq.com/civil-health-litigation/) - Health Care Civil Litigation There are a variety of situations in which healthcare practitioners become involved in civil litigation. The most common example is medical malpractice lawsuits. Sometimes healthcare practitioners are sued by insurance companies for recoupment of benefits paid or for fraud resulting from the alleged submission of knowingly false HCFA 1500 claims forms.
- [Professional Licensing and Credentialing](https://rickjaffeesq.com/professional-licensing-and-credentialing/) - Professional Licensing and Credentialing Litigation By law, medical and other health boards are required to investigate every complaint. In cases involving patient care, investigations start with a letter to the practitioner stating the general nature of the complaint, and requesting medical records and a narrative summary of the treatment. For several years, Texas has also
- [Criminal Healthcare](https://rickjaffeesq.com/criminal-healthcare/) - Health Care Criminal Defense The most common criminal problem health care providers have is insurance fraud. In the past, the federal government primarily focused on federal pay programs such as Medicare and Champus, for the obvious reason that these programs involve federal money. The state authorities would go after health practitioners who defraud state

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- [US Stem Cell Clinic. SVF](https://rickjaffeesq.com/tag/us-stem-cell-clinic-svf/)
- [summary judgment](https://rickjaffeesq.com/tag/summary-judgment/)
- [Rockland County TRO](https://rickjaffeesq.com/tag/rockland-county-tro/)
- [fake medical exemtpions](https://rickjaffeesq.com/tag/fake-medical-exemtpions/)
- [chief of staff](https://rickjaffeesq.com/tag/chief-of-staff/)
- [Greg Glaser](https://rickjaffeesq.com/tag/greg-glaser/)
- [Esq.](https://rickjaffeesq.com/tag/esq/)
- [privacy rights](https://rickjaffeesq.com/tag/privacy-rights/)
- [first amendment rights](https://rickjaffeesq.com/tag/first-amendment-rights/)
- [medical board subpoenas](https://rickjaffeesq.com/tag/medical-board-subpoenas/)
- [stem cells. Manhattan stem cell clinic sued by NY AG](https://rickjaffeesq.com/tag/stem-cells-manhattan-stem-cell-clinic-sued-by-ny-ag/)
- [patient rights](https://rickjaffeesq.com/tag/patient-rights/)
- [privacy](https://rickjaffeesq.com/tag/privacy/)
- [San Francisco City Attorney](https://rickjaffeesq.com/tag/san-francisco-city-attorney/)
- [Public Nuisance](https://rickjaffeesq.com/tag/public-nuisance/)
- [vaccine medical exemption](https://rickjaffeesq.com/tag/vaccine-medical-exemption/)
- [Richard Pan](https://rickjaffeesq.com/tag/richard-pan/)
- [SB 276 amendment](https://rickjaffeesq.com/tag/sb-276-amendment/)
- [Senator Pan](https://rickjaffeesq.com/tag/senator-pan/)
- [SB 276 and medical discrimination](https://rickjaffeesq.com/tag/sb-276-and-medical-discrimination/)
- [ADA](https://rickjaffeesq.com/tag/ada/)
- [US Stem Cell litigation](https://rickjaffeesq.com/tag/us-stem-cell-litigation/)
- [Ken Stoller](https://rickjaffeesq.com/tag/ken-stoller/)
- [SVF autologous stem cell treatment](https://rickjaffeesq.com/tag/svf-autologous-stem-cell-treatment/)
- [lawsuit against San Francisco City Attorney](https://rickjaffeesq.com/tag/lawsuit-against-san-francisco-city-attorney/)
- [Dennis Herrera](https://rickjaffeesq.com/tag/dennis-herrera/)
- [Kenneth Stoller](https://rickjaffeesq.com/tag/kenneth-stoller/)
- [MD](https://rickjaffeesq.com/tag/md/)
- [SVR](https://rickjaffeesq.com/tag/svr/)
- [MSC stem cells](https://rickjaffeesq.com/tag/msc-stem-cells/)
- [FDA guidance documents](https://rickjaffeesq.com/tag/fda-guidance-documents/)
- [Assembly Health Committee Hearing](https://rickjaffeesq.com/tag/assembly-health-committee-hearing/)
- [A 2371](https://rickjaffeesq.com/tag/a-2371/)
- [religious exemption to vaccines](https://rickjaffeesq.com/tag/religious-exemption-to-vaccines/)
- [Stoller Lawsuit](https://rickjaffeesq.com/tag/stoller-lawsuit/)
- [humanitarian exemption](https://rickjaffeesq.com/tag/humanitarian-exemption/)
- [A2371](https://rickjaffeesq.com/tag/a2371/)
- [Stoller lawsuit against the City Attorney](https://rickjaffeesq.com/tag/stoller-lawsuit-against-the-city-attorney/)
- [Conflict of interest and Senator Pan](https://rickjaffeesq.com/tag/conflict-of-interest-and-senator-pan/)
- [Home school and SB 276](https://rickjaffeesq.com/tag/home-school-and-sb-276/)
- [July 1](https://rickjaffeesq.com/tag/july-1/)
- [2019 amendment](https://rickjaffeesq.com/tag/2019-amendment/)
- [grandfathering and SB 276](https://rickjaffeesq.com/tag/grandfathering-and-sb-276/)
- [prior precedent](https://rickjaffeesq.com/tag/prior-precedent/)
- [11 reasons why SB 276 is illegal](https://rickjaffeesq.com/tag/11-reasons-why-sb-276-is-illegal/)
- [the privacy of medical records versus the medical board's need for the records](https://rickjaffeesq.com/tag/the-privacy-of-medical-records-versus-the-medical-boards-need-for-the-records/)
- [Dr. Kenneth Stoller](https://rickjaffeesq.com/tag/dr-kenneth-stoller/)
- [Medical Board letters requesting release of records](https://rickjaffeesq.com/tag/medical-board-letters-requesting-release-of-records/)
- [Fifth Amendment violation](https://rickjaffeesq.com/tag/fifth-amendment-violation/)
- [SVF destruction order stayed](https://rickjaffeesq.com/tag/svf-destruction-order-stayed/)
- [Subpoena for medical records](https://rickjaffeesq.com/tag/subpoena-for-medical-records/)
- [US Stem Cell](https://rickjaffeesq.com/tag/us-stem-cell/)
- [NY strate department of health](https://rickjaffeesq.com/tag/ny-strate-department-of-health/)
- [vaccine injured children](https://rickjaffeesq.com/tag/vaccine-injured-children/)
- [California Stem Cell case](https://rickjaffeesq.com/tag/california-stem-cell-case/)
- [City Attorney subpoena](https://rickjaffeesq.com/tag/city-attorney-subpoena/)
- [SB 714](https://rickjaffeesq.com/tag/sb-714/)
- [120370 and grandfathering](https://rickjaffeesq.com/tag/120370-and-grandfathering/)
- [grandfathered medical exemptions](https://rickjaffeesq.com/tag/grandfathered-medical-exemptions/)
- [SB 276/714](https://rickjaffeesq.com/tag/sb-276-714/)
- [Ken Stoller MD](https://rickjaffeesq.com/tag/ken-stoller-md/)
- [AB 261. local public health officials](https://rickjaffeesq.com/tag/ab-261-local-public-health-officials/)
- [quarantine](https://rickjaffeesq.com/tag/quarantine/)
- [isolation](https://rickjaffeesq.com/tag/isolation/)
- [New Jersey religious exemption law](https://rickjaffeesq.com/tag/new-jersey-religious-exemption-law/)
- [adipose](https://rickjaffeesq.com/tag/adipose/)
- [same surgical procedure exception](https://rickjaffeesq.com/tag/same-surgical-procedure-exception/)
- [san diego school district sued by medical board](https://rickjaffeesq.com/tag/san-diego-school-district-sued-by-medical-board/)
- [coronavires and vaccine concerned](https://rickjaffeesq.com/tag/coronavires-and-vaccine-concerned/)
- [COVID-19 and Hydroxychloroquine and off label use](https://rickjaffeesq.com/tag/covid-19-and-hydroxychloroquine-and-off-label-use/)
- [contact tracing](https://rickjaffeesq.com/tag/contact-tracing/)
- [mandatory vaccines](https://rickjaffeesq.com/tag/mandatory-vaccines/)
- [Paul Offit](https://rickjaffeesq.com/tag/paul-offit/)
- [face masks](https://rickjaffeesq.com/tag/face-masks/)
- [COVIF-19](https://rickjaffeesq.com/tag/covif-19/)
- [school requirement for face masks](https://rickjaffeesq.com/tag/school-requirement-for-face-masks/)
- [medical exemptions in california](https://rickjaffeesq.com/tag/medical-exemptions-in-california/)
- [face masks for students](https://rickjaffeesq.com/tag/face-masks-for-students/)
- [religious freedom](https://rickjaffeesq.com/tag/religious-freedom/)
- [religious practices restrictions](https://rickjaffeesq.com/tag/religious-practices-restrictions/)
- [Lynn Hughes](https://rickjaffeesq.com/tag/lynn-hughes/)
- [Steven Hotze MD](https://rickjaffeesq.com/tag/steven-hotze-md/)
- [Alan Dershowitz](https://rickjaffeesq.com/tag/alan-dershowitz/)
- [Jacobson](https://rickjaffeesq.com/tag/jacobson/)
- [Moderna vaccine study](https://rickjaffeesq.com/tag/moderna-vaccine-study/)
- [mask wearing](https://rickjaffeesq.com/tag/mask-wearing/)
- [medical exceptions to wearing a mask](https://rickjaffeesq.com/tag/medical-exceptions-to-wearing-a-mask/)
- [frontier physicians](https://rickjaffeesq.com/tag/frontier-physicians/)
- [Dr. Simone Gold](https://rickjaffeesq.com/tag/dr-simone-gold/)
- [Plandemic](https://rickjaffeesq.com/tag/plandemic/)
- [Plague of Corruption](https://rickjaffeesq.com/tag/plague-of-corruption/)
- [Judy MIkovits](https://rickjaffeesq.com/tag/judy-mikovits/)
- [flu mandate](https://rickjaffeesq.com/tag/flu-mandate/)
- [University of California flu mandate](https://rickjaffeesq.com/tag/university-of-california-flu-mandate/)
- [religious exemptions to vaccines](https://rickjaffeesq.com/tag/religious-exemptions-to-vaccines/)
- [CHD first amendment](https://rickjaffeesq.com/tag/chd-first-amendment/)
- [UC executive order on the flu vaccine](https://rickjaffeesq.com/tag/uc-executive-order-on-the-flu-vaccine/)
- [FLU VACCINE QUESTIONNAIRE](https://rickjaffeesq.com/tag/flu-vaccine-questionnaire/)
- [UC flu mandate](https://rickjaffeesq.com/tag/uc-flu-mandate/)
- [adequate substantion](https://rickjaffeesq.com/tag/adequate-substantion/)
- [chiropractor stem cell clinic](https://rickjaffeesq.com/tag/chiropractor-stem-cell-clinic/)
- [medical exemptions to vaccines. COVID vaccine](https://rickjaffeesq.com/tag/medical-exemptions-to-vaccines-covid-vaccine/)
- [judicial deference to administrative actions](https://rickjaffeesq.com/tag/judicial-deference-to-administrative-actions/)
- [Missouri stem cell indictment](https://rickjaffeesq.com/tag/missouri-stem-cell-indictment/)
- [harvard pilgrim study](https://rickjaffeesq.com/tag/harvard-pilgrim-study/)
- [revoked medical exemptions](https://rickjaffeesq.com/tag/revoked-medical-exemptions/)
- [mask mandate](https://rickjaffeesq.com/tag/mask-mandate/)
- [vaccination catch up schedule](https://rickjaffeesq.com/tag/vaccination-catch-up-schedule/)
- [conditional admittance](https://rickjaffeesq.com/tag/conditional-admittance/)
- [mandatory COVID vaccination](https://rickjaffeesq.com/tag/mandatory-covid-vaccination/)
- [covid vaccine approval](https://rickjaffeesq.com/tag/covid-vaccine-approval/)
- [Pfizer vaccine approval](https://rickjaffeesq.com/tag/pfizer-vaccine-approval/)
- [adipose stem cell regulation](https://rickjaffeesq.com/tag/adipose-stem-cell-regulation/)
- [VAERS](https://rickjaffeesq.com/tag/vaers/)
- [adverse events causation](https://rickjaffeesq.com/tag/adverse-events-causation/)
- [revocation of school medical exemptions](https://rickjaffeesq.com/tag/revocation-of-school-medical-exemptions/)
- [employer forced COVID mandates](https://rickjaffeesq.com/tag/employer-forced-covid-mandates/)
- [Kelly Sutton and board case and medical exemptions](https://rickjaffeesq.com/tag/kelly-sutton-and-board-case-and-medical-exemptions/)
- [and Ken Stoller](https://rickjaffeesq.com/tag/and-ken-stoller/)
- [Kelly Sutton Medical Board Hearing](https://rickjaffeesq.com/tag/kelly-sutton-medical-board-hearing/)
- [Kelly Sutton's medical board hearing](https://rickjaffeesq.com/tag/kelly-suttons-medical-board-hearing/)
- [ACUP contraindications](https://rickjaffeesq.com/tag/acup-contraindications/)
- [UC covid mandat policy](https://rickjaffeesq.com/tag/uc-covid-mandat-policy/)
- [SB 277 and medical exemptions and ACIP guidelinesu](https://rickjaffeesq.com/tag/sb-277-and-medical-exemptions-and-acip-guidelinesu/)
- [ACIP guidelines and medical exemptions](https://rickjaffeesq.com/tag/acip-guidelines-and-medical-exemptions/)
- [ACIP guidelines](https://rickjaffeesq.com/tag/acip-guidelines/)
- [vaccine mandates](https://rickjaffeesq.com/tag/vaccine-mandates/)
- [covid mandate](https://rickjaffeesq.com/tag/covid-mandate/)
- [mandatory vaccination and delta variant](https://rickjaffeesq.com/tag/mandatory-vaccination-and-delta-variant/)
- [UC covid mandate](https://rickjaffeesq.com/tag/uc-covid-mandate/)
- [religious exemptions to vaccination](https://rickjaffeesq.com/tag/religious-exemptions-to-vaccination/)
- [Maniscalco v. City of New York](https://rickjaffeesq.com/tag/maniscalco-v-city-of-new-york/)
- [Stanislaw Burzynski](https://rickjaffeesq.com/tag/stanislaw-burzynski/)
- [religious exemptions to vaccine mandates](https://rickjaffeesq.com/tag/religious-exemptions-to-vaccine-mandates/)
- [empoyee COVID mandates and the religious exemption](https://rickjaffeesq.com/tag/empoyee-covid-mandates-and-the-religious-exemption/)
- [religious exemptions and the EEOC guidance](https://rickjaffeesq.com/tag/religious-exemptions-and-the-eeoc-guidance/)
- [fda regulation of stem cell clinics](https://rickjaffeesq.com/tag/fda-regulation-of-stem-cell-clinics/)
- [religious exemptions](https://rickjaffeesq.com/tag/religious-exemptions/)
- [vaccine mandate podcast](https://rickjaffeesq.com/tag/vaccine-mandate-podcast/)
- [OSHA vaccine mandate](https://rickjaffeesq.com/tag/osha-vaccine-mandate/)
- [CMS vaccine mandate](https://rickjaffeesq.com/tag/cms-vaccine-mandate/)
- [OSHA Mandate](https://rickjaffeesq.com/tag/osha-mandate/)
- [CMS mandate](https://rickjaffeesq.com/tag/cms-mandate/)
- [OSHA mandate overturned](https://rickjaffeesq.com/tag/osha-mandate-overturned/)
- [CMS mandate goes into effect](https://rickjaffeesq.com/tag/cms-mandate-goes-into-effect/)
- [New York mask mandate stopped](https://rickjaffeesq.com/tag/new-york-mask-mandate-stopped/)
- [Senator Pan and mandatory covid vaccine](https://rickjaffeesq.com/tag/senator-pan-and-mandatory-covid-vaccine/)
- [SB 871; Ca. covid mandate for school](https://rickjaffeesq.com/tag/sb-871-ca-covid-mandate-for-school/)
- [SB 871](https://rickjaffeesq.com/tag/sb-871/)
- [California Covid vaccine school mandate](https://rickjaffeesq.com/tag/california-covid-vaccine-school-mandate/)
- [compulsory covid vaccination](https://rickjaffeesq.com/tag/compulsory-covid-vaccination/)
- [mandatory covid vaccines](https://rickjaffeesq.com/tag/mandatory-covid-vaccines/)
- [vaccine safety and risk assessment](https://rickjaffeesq.com/tag/vaccine-safety-and-risk-assessment/)
- [covid misinformaiton and first amendment](https://rickjaffeesq.com/tag/covid-misinformaiton-and-first-amendment/)
- [SB 2098](https://rickjaffeesq.com/tag/sb-2098/)
- [covid mandates winding down](https://rickjaffeesq.com/tag/covid-mandates-winding-down/)
- [off label prescribing of drugs for covid](https://rickjaffeesq.com/tag/off-label-prescribing-of-drugs-for-covid/)
- [Ivermectin dispensing by pharmacists](https://rickjaffeesq.com/tag/ivermectin-dispensing-by-pharmacists/)
- [privacy of medical records](https://rickjaffeesq.com/tag/privacy-of-medical-records/)
- [warrantless searches](https://rickjaffeesq.com/tag/warrantless-searches/)
- [investigational subpoenas](https://rickjaffeesq.com/tag/investigational-subpoenas/)
- [medical board search warrant](https://rickjaffeesq.com/tag/medical-board-search-warrant/)
- [SB 920](https://rickjaffeesq.com/tag/sb-920/)
- [paul thomas and vaccine issues](https://rickjaffeesq.com/tag/paul-thomas-and-vaccine-issues/)
- [mandatory covid school vaccination](https://rickjaffeesq.com/tag/mandatory-covid-school-vaccination/)
- [ab 2098 physician discipline for covid misinformation](https://rickjaffeesq.com/tag/ab-2098-physician-discipline-for-covid-misinformation/)
- [covid misinformation](https://rickjaffeesq.com/tag/covid-misinformation/)
- [ab 2098](https://rickjaffeesq.com/tag/ab-2098/)
- [Ken Stoller's medical exemptions](https://rickjaffeesq.com/tag/ken-stollers-medical-exemptions/)
- [SB 277 neducak exemptions](https://rickjaffeesq.com/tag/sb-277-neducak-exemptions/)
- [Red Book vaccine best practices](https://rickjaffeesq.com/tag/red-book-vaccine-best-practices/)
- [freedom of speech](https://rickjaffeesq.com/tag/freedom-of-speech/)
- [First Amendment](https://rickjaffeesq.com/tag/first-amendment/)
- [Mark Berman](https://rickjaffeesq.com/tag/mark-berman/)
- [SVF stem cell treatment](https://rickjaffeesq.com/tag/svf-stem-cell-treatment/)
- [AB 2098 and physician censorship](https://rickjaffeesq.com/tag/ab-2098-and-physician-censorship/)
- [permanent medical exemptions](https://rickjaffeesq.com/tag/permanent-medical-exemptions/)
- [right to take ivermectin](https://rickjaffeesq.com/tag/right-to-take-ivermectin/)
- [standard of care](https://rickjaffeesq.com/tag/standard-of-care/)
- [alternative standard of care](https://rickjaffeesq.com/tag/alternative-standard-of-care/)
- [stem cell litigation](https://rickjaffeesq.com/tag/stem-cell-litigation/)
- [FTC false claims](https://rickjaffeesq.com/tag/ftc-false-claims/)
- [lack of adequate substantiation](https://rickjaffeesq.com/tag/lack-of-adequate-substantiation/)
- [implied claims](https://rickjaffeesq.com/tag/implied-claims/)
- [covid disinformaiton](https://rickjaffeesq.com/tag/covid-disinformaiton/)
- [contemporary scientific consensus](https://rickjaffeesq.com/tag/contemporary-scientific-consensus/)
- [covid disinformation](https://rickjaffeesq.com/tag/covid-disinformation/)
- [Federation of State Medical Boards](https://rickjaffeesq.com/tag/federation-of-state-medical-boards/)
- [enhanced authority](https://rickjaffeesq.com/tag/enhanced-authority/)
- [illegal search and seizure](https://rickjaffeesq.com/tag/illegal-search-and-seizure/)
- [Fourt Amendment violaitons](https://rickjaffeesq.com/tag/fourt-amendment-violaitons/)
- [physician free speech](https://rickjaffeesq.com/tag/physician-free-speech/)
- [first amendment professional speech](https://rickjaffeesq.com/tag/first-amendment-professional-speech/)
- [physician censorship](https://rickjaffeesq.com/tag/physician-censorship/)
- [censoring physicians](https://rickjaffeesq.com/tag/censoring-physicians/)
- [zero covid](https://rickjaffeesq.com/tag/zero-covid/)
- [view point speech](https://rickjaffeesq.com/tag/view-point-speech/)
- [content speech](https://rickjaffeesq.com/tag/content-speech/)
- [CDC mistakes](https://rickjaffeesq.com/tag/cdc-mistakes/)
- [covid mandates](https://rickjaffeesq.com/tag/covid-mandates/)
- [mackenzie v. prasifka](https://rickjaffeesq.com/tag/mackenzie-v-prasifka/)
- [medical board censorship](https://rickjaffeesq.com/tag/medical-board-censorship/)
- [free speech](https://rickjaffeesq.com/tag/free-speech/)
- [first amended](https://rickjaffeesq.com/tag/first-amended/)
- [boad discipline](https://rickjaffeesq.com/tag/boad-discipline/)
- [Free Speech of professionals](https://rickjaffeesq.com/tag/free-speech-of-professionals/)
- [censorship by medical boards](https://rickjaffeesq.com/tag/censorship-by-medical-boards/)
- [first amendment free speech right](https://rickjaffeesq.com/tag/first-amendment-free-speech-right/)
- [first amendment protection](https://rickjaffeesq.com/tag/first-amendment-protection/)
- [covid misformaiton](https://rickjaffeesq.com/tag/covid-misformaiton/)
- [SVF stromal vascular fraction](https://rickjaffeesq.com/tag/svf-stromal-vascular-fraction/)
- [HCT/P's](https://rickjaffeesq.com/tag/hct-ps/)
- [Cell Surgical Network](https://rickjaffeesq.com/tag/cell-surgical-network/)
- [Eliot Lander](https://rickjaffeesq.com/tag/eliot-lander/)
- [same surgical procedure](https://rickjaffeesq.com/tag/same-surgical-procedure/)
- [non-homologous](https://rickjaffeesq.com/tag/non-homologous/)
- [AB 2098 and Governor Newsom](https://rickjaffeesq.com/tag/ab-2098-and-governor-newsom/)
- [covid misinformation. First Amendment](https://rickjaffeesq.com/tag/covid-misinformation-first-amendment/)
- [expanded cells](https://rickjaffeesq.com/tag/expanded-cells/)
- [AB 2988](https://rickjaffeesq.com/tag/ab-2988/)
- [professional speech](https://rickjaffeesq.com/tag/professional-speech/)
- [standing](https://rickjaffeesq.com/tag/standing/)
- [self-censorship](https://rickjaffeesq.com/tag/self-censorship/)
- [first amendment free speech](https://rickjaffeesq.com/tag/first-amendment-free-speech/)
- [covid misiformation](https://rickjaffeesq.com/tag/covid-misiformation/)
- [vacciny injury denialism](https://rickjaffeesq.com/tag/vacciny-injury-denialism/)
- [censorship](https://rickjaffeesq.com/tag/censorship/)
- [CHD TV](https://rickjaffeesq.com/tag/chd-tv/)
- [Section 2270](https://rickjaffeesq.com/tag/section-2270/)
- [permanent global medical exemptions](https://rickjaffeesq.com/tag/permanent-global-medical-exemptions/)
- [ACIP](https://rickjaffeesq.com/tag/acip/)
- [contraindications](https://rickjaffeesq.com/tag/contraindications/)
- [CAIRS](https://rickjaffeesq.com/tag/cairs/)
- [vagueness](https://rickjaffeesq.com/tag/vagueness/)
- [Judge Shubb](https://rickjaffeesq.com/tag/judge-shubb/)
- [contemporary scientitific is nonsense](https://rickjaffeesq.com/tag/contemporary-scientitific-is-nonsense/)
- [intervention](https://rickjaffeesq.com/tag/intervention/)
- [soapbox speech](https://rickjaffeesq.com/tag/soapbox-speech/)
- [AB 20098](https://rickjaffeesq.com/tag/ab-20098/)
- [covid misinformaiton](https://rickjaffeesq.com/tag/covid-misinformaiton/)
- [Bus & Porf Code 2270](https://rickjaffeesq.com/tag/bus-porf-code-2270/)
- [physicians for informed consent](https://rickjaffeesq.com/tag/physicians-for-informed-consent/)
- [CDC whistlerblower](https://rickjaffeesq.com/tag/cdc-whistlerblower/)
- [all cause mortality data](https://rickjaffeesq.com/tag/all-cause-mortality-data/)
- [Causes Unknown](https://rickjaffeesq.com/tag/causes-unknown/)
- [Ed Dowd](https://rickjaffeesq.com/tag/ed-dowd/)
- [Bobby Kennedy runs for president](https://rickjaffeesq.com/tag/bobby-kennedy-runs-for-president/)
- [free speech Richard Eggleston](https://rickjaffeesq.com/tag/free-speech-richard-eggleston/)
- [Biden injunction](https://rickjaffeesq.com/tag/biden-injunction/)
- [AN 2098](https://rickjaffeesq.com/tag/an-2098/)
- [the McDonald Appeal](https://rickjaffeesq.com/tag/the-mcdonald-appeal/)
- [Judge Slaughter](https://rickjaffeesq.com/tag/judge-slaughter/)
- [Bobby Kennedy Jr. testimony before congress. ethnobioterrism](https://rickjaffeesq.com/tag/bobby-kennedy-jr-testimony-before-congress-ethnobioterrism/)
- [sex change therapy](https://rickjaffeesq.com/tag/sex-change-therapy/)
- [gender transition therapy](https://rickjaffeesq.com/tag/gender-transition-therapy/)
- [SOCE](https://rickjaffeesq.com/tag/soce/)
- [sexual orientation change efforts](https://rickjaffeesq.com/tag/sexual-orientation-change-efforts/)
- [off label prescribing of ivermectin](https://rickjaffeesq.com/tag/off-label-prescribing-of-ivermectin/)
- [Ray Evers](https://rickjaffeesq.com/tag/ray-evers/)
- [the standard of care for prescibing Ivermectin](https://rickjaffeesq.com/tag/the-standard-of-care-for-prescibing-ivermectin/)
- [Ivermectin and FDA and ultra vires](https://rickjaffeesq.com/tag/ivermectin-and-fda-and-ultra-vires/)
- [Section 2270. standard of care](https://rickjaffeesq.com/tag/section-2270-standard-of-care/)
- [Biden v Missouri](https://rickjaffeesq.com/tag/biden-v-missouri/)
- [Justice Alito](https://rickjaffeesq.com/tag/justice-alito/)
- [bright line Doc Eggleston](https://rickjaffeesq.com/tag/bright-line-doc-eggleston/)
- [washington medical commission](https://rickjaffeesq.com/tag/washington-medical-commission/)
- [covid misinformation laws](https://rickjaffeesq.com/tag/covid-misinformation-laws/)
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