In a new amended complaint filed in San Diego yesterday, the SB 277 federal suit lawyers set their sites on destroying the illegal activities of the California Department of Public Health. This new and improved complaint is the work of many lawyers over several weeks and I want to nicely ask you to stop reading for a second and go give this team $100 if you can afford to because they are clearly working their asses off for the children of California.
Starting around paragraph 70, the amended complaint dives into the legislature’s and the Governor’s intention to allow physicians to use their professional judgment in writing medical exemptions for children. Many kids had previously been using personal belief exemptions because they didn’t fit into the CDC’s very narrow definition of a vaccine contraindication. And this is where it gets juicy.
Do you remember during the SB 277 hearings when a woman from the medical licensing board said they would not be investigating any doctors and medical exemptions unless there was a complaint filed? Since SB 277 was signed, the California Department of Public Health has been scheming about how to stop doctors from using the big brains that got them this far in life– but only the doctors who write medical exemptions.
According to SB 277, doctors are able to write medical exemptions based solely on their judgment and sound discretion. That much is clear.
But along came Dr. Charity Dean, who is named in the complaint, heading up the Santa Barbara Department of Public Health. On June 6th she sent a letter to all schools and day cares in her county ordering directors to send medical exemptions her way so that she can kindly scare the beejeesus out of doctors who write them and set them up to spend their life savings defending their licenses to practice medicine.
Once Dr. Dean was personally named as a defendant in the first complaint on July 1 and received a letter from one of the plaintiff lawyers about royally stepping in it with violating privacy laws, she backed off a teensy bit. She issued a letter saying that schools and day cares should redact identifying information of the students with medical exemptions, but she still wants to know who those doctors are.
But the real kicker is that Dr. Dean told her local newspaper that her health department is “…not in the business of analyzing the reason for a medical exemption or overturning it.”
Oh, they’re not in that business? That’s funny. Because the new complaint lets the judge know that self-proclaimed vaccine expert and law school professor Dorit Reiss– who was called on by legislators to testify twice in favor of SB 277 in 2015– published a legal analysis of this lawsuit a few days ago and she fumbled the ball for the beloved health department. Good thing she doesn’t have a license to practice law.
Assuming that Professor Reiss is on the inside track of the efforts to vaccinate all Californians, I’d be tempted to believe her when she says that “the goal of Charity Dean’s medical exemption project is to gather data on the reasons for medical exemptions, and to prevent abuses of the medical exemption provision.” She went on to explain, “The pilot project can help collect data on medical exemptions generally and on how many unjustified medical exemptions are written – and possibly, if there are specific doctors who write more than others.”
But wait! Why would Professor Reiss say such a thing four days after Charity Dean told the press that meddling with doctors’ medical exemptions was never her intention? Because she mistakenly thinks the health departments have every right to go after doctors.
The SB 277 lawyers hammer it home: “This bold and unapologetic admission by Professor Reiss is evidence of a direct and intentional violation of Plaintiffs’ rights, complete disregard for the sanctity of the doctor-patient relationship, and abandonment of any concern for the health and well-being of medically fragile children who are placed at grave risk of vaccine injury by the Santa Barbara Department of Public Health’s attempts to intimidate doctors against writing medical exemptions.”
Thanks for the help, Dorit. Unexpected, but appreciated nonetheless. I take it that “loose lips sink ships” isn’t a saying in your country.
The SB 277 lawyers have got their own inside track and they discovered that the state health department has been illegally conspiring with other local health departments like Sacramento County and Marin County in conjunction with the California State Medical Board to go after the licenses of doctors who write vaccine exemptions for children. These entities are colluding to lie to doctors about the law and intimidate them into never writing exemptions with threats of losing their licenses and being held legally liable for using their professional judgment.
Unbelievably, this invitation was discovered through a Public Records Act request:
Please join us for a call with Dr. Charity Dean and Jennifer Simoes, from the California Medical Board, to discuss the following:
SB 277 and suspicious medical exemptions for immunizations issued by California physicians.
The California Medical Board process if a licensed physician is reported for issuing suspicious medical exemptions.
But the irony is that it’s directors like Charity Dean who are breaking the law. It’s illegal to use taxpayer money to conduct an examination of medical exemptions that “don’t meet SB 277 criteria” because the legislature didn’t give health departments the power to do it. SB 277 has no criteria for medical exemptions and I assure you that no one in charge asked Charity Dean and her cohorts to just make some up. She doesn’t have the authority use public funds to pay herself and her minions to analyze exemptions and intimidate doctors– it’s called ultra vires activity that goes outside of the law. She and all the rest of them are about to be caught red handed trying to write medical exemptions out of California law.
There is so much more kickass in this complaint so I might come back to share a little more with you soon, but you can always read the whole thing in that second link at the beginning of this piece.
I want to close by telling you a little bit about the plaintiffs. The group is made up of children who are partially vaccinated and have titer tests as “proof of immunity” to disease, and vaccine-injured children who experienced convulsions after their last well baby visit. There are children of adults who are staunchly pro-life and refuse to inject products made from aborted human beings into their own children, and children whose parents are themselves vaccine injured with a family tree of autoimmune disease. There are disabled children– including one with a traumatic brain injury– with IEPs that are not being honored by school districts, and children with medical exemptions that were flagged by school nurses. One is a child of an MD and another the child of a DO. And there is a special little boy left wheelchair-bound after infant vaccinations.
One of the last plaintiffs is a non-profit organization that promotes education for children that I encourage every one of you to join, named Education For All. It’s one way you can help power this suit forward, but still, go give these lawyers a hundred bucks if you’ve got it.