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Update on Dr. Stoller’s Lawsuit against the San Francisco City Attorney

Update on Dr. Stoller’s 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 of most civil cases does not start until after the defendant answers the complaint. However, there is a way to start discovery sooner, and that is what I have done. Specifically, I have requested that the City Attorney’s Office provide all communications between his office and Senator’s Pan’s office, the Medical Board, and a certain law professor who seems to think that nuisance lawsuits against the families of unvaccinated children is a good idea. The City Attorney has 30 days to submit a response to our request. Sometimes civil litigation is about as exciting as watching paint dry. Sometimes it’s not.

On the SB 276 Front

Yesterday, a slightly revised version of the bill was dropped. I haven’t had the chance to look it over, but at this point, I wouldn’t expect any major concessions. If there is anything significant, I will follow-up. This is shaping-up to be a party-line issue, which is disappointing.

I keep hearing how much Senator Dr. Pan profits from his vaccine giving, and how he is in the pocket of pharma, but it seems like it is all just unsupported speculation, extrapolation and/or generalization.

Now if there was actual evidence of his personal connection to pharma, and I mean a document which shows that he is doing what he’s doing in order to advance Pharma’s interest, at the expense of his patients or children in general, or a document with his name on it which shows some unsavory action, that would be entirely different.

So, if there is a smoking gun out there, now would be a good time for it to surface. If not, then all the unsupported or generalized chatter about Senator’s Pan’s conflict of interest because he makes money from administering vaccines (as all pediatricians do) is really just feel-good preaching to the choir and will not change the mind of democrats toeing the party line. It also furthers the narrative about vaccine misinformation being spread by opponents of SB 276 and the vaccine concerned community in general. This is fueling social media and commerce sites efforts to limit your access to the internet. Regrettably, that puts you between a rock and a hard place. So it is something to consider.

Rick Jaffe, Esq.

CALL TO ACTION: To the Vaccine and Medical Privacy Concerned Communities

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 actions are an afront to the rights of all patients and must be stopped, or you can expect other government entities to follow in his steps!

2. To stand UNITED in defeating SB 276, which eliminates physician decision making authority to issue medical vaccine exemptions, and places this critical medical decision in the hands of government bureaucrats who have NEVER met or spoken to the child or family. SB 276 passed the California Senate and will soon be before the California Assembly.

The local event will start at the San Francisco Chronicle building, 901 Mission Street, and then proceed to the City Attorney’s Office at 1390 Market Street, (about a mile walk).

During this critical time, we are asking everyone across the world who is concerned by the City Attorney’s actions and bills like SB 276 to voice your opposition to the City Attorney by contacting the City Attorney’s office on June 14th by phone 415-554-3944, fax 415-437-4644, and email

Please be polite and respectful in your communications.

The message can be as short as “Doctors, Not Bureaucrats”, Withdraw the Subpoena”, “Health, Not Politics”, “Protect my medical privacy rights”, “Do Not Open the Door to Medical Privacy Abuse”, “Don’t Target Fragile Children and Families” or anything else (polite and respectful) which strikes your fancy.

You could try to educate the City Attorney with personal stories, or say, and point out that twenty eight out of thirty-eight cases of measles in the Bay Area were adults (Latest state numbers: 40 out of 51 cases are in adults.)

Or emphasize the fact that 38% of the measles cases in the 2015 Disneyland outbreak were from the vaccine. Or state that Governor Brown made it a point to specifically allow broadly written medical exemptions with SB 277.

Maybe with enough feedback, the San Francisco City Attorney will realize that he was the recipient of bad information about the measles problem in the Bay Area, and other misinformation, which I’ve discussed in the Stoller v. Dennis Herrera, Complaint.

(The Complaint is attached to this post

This event is global! It is being supported by many California state organizations, other states’ organizations, and national and international organizations and groups. Here is the link to the Facebook event page.

Ladies and Gentleman, it is time to go big or go home! Make your voices heard. GET INVOLVED and spread the word to your communities and leaders to join in!




Rick Jaffe, Esq.