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Tag: medical exemptions

Figuring out employees’ rights in the COVID mandate world, and some moderately helpful government guidance

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. Sort of like how TV detectives use a whiteboard with pictures of persons of interest. (A more abstruse allusion for Herman Hesse fans would be…

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A Detailed Summary of Kelly Sutton’s First Hearing Day (6/14/2021)

A Detailed Summary of Kelly Sutton’s 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 judge for yourself. Tomorrow I will post her notes from the second day of the hearing which contains the testimony of our other two experts,…

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Supplemental Memo filed in Ken Stoller’s Appeal (Writ of Adminitrative Mandate)

Supplemental Memo filed in Ken Stoller’s 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.

Cali. Medical Board Orders Ken Stoller’s license revoked as of March 18th 2021; We will appeal!

Cali. Medical Board Orders Ken Stoller’s 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 goes into effect on March 18, 2021. We will, of course, appeal (technically called a writ of administrative mandate), most likely by the end of…

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“How Long Will My Child’s Current Vaccine Medical Exemption Be Good for?”

“How Long Will My Child’s 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 circumstances. Aside from my inability to deal with the shear volume of families who have questions, the reason I can’t answer specific questions or offer…

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NY Adopts California like SB 276 Limitations on Vaccine Medical Exemptions via “Emergency” Regulation”???

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. The regulation limits medical exemptions to ACIP other nationally recognized guidance documents establishing the standard of care.” Here is the Health Department’s summary of the…

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A Very Short Response to the 11 Reasons Thing Circulating on FB Vaccine Aware Pages

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 were at least four challenges to SB 277 in state and federal courts, all of which were rejected. The lawyers who challenged SB 277 were…

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My First Take on Senator Pan’s June 17th SB 276 Revision

My First Take on Senator Pan’s 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 legislature all the while seeming to address the main points of criticism, thereby taking the wind out the sails of his opposition. I’ve looked over…

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SB 276 gets Amended, but still knocks-out current medical exemptions, and fragile children won’t qualify for future exemption

SB 276 gets Amended, but still knocks-out current medical exemptions, and fragile children won’t 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 effect will that have on those with current medical exemptions or parent of medical fragile children? I’d say none. Neither the CDC, AAP, AAFP or…

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Memo to Cali. Parents of Currently Vaccine Medically Exempt Children: What happens if SB 276 becomes law?

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 by unspecified state health officials. Even more significant, but unsurprising is SB 276’s stated standard for which medical exemption applications will be reviewed: CDC contraindications,…

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