Challenging AB 2098 on December 1, 2022: Hoang v. Bonta with California Osteopathic Physician LeTrinh Hoang, Children's Health Defense, Richard Jaffe, Esq, and Physicians for Informed Consent Taking
Medical Board of California To Task by Questioning this Law from a Patient Perspective wherein the Patient:Physician Relationship Is Forever Changed by Politicians who Do Not Allow Physicians to
The Medical Board of California is Being Sued Again on AB 2098
After Gov. Newsom detailed himself just how much of a “witch hunt” a bill like AB 2098 could be, he signed it on September 30, 2022. Here is an excerpt from my October 2, 2022 article:
But wait! He DID know EXACTLY what he was doing, as evidenced by his
“Salem witch hunt”
video (watch who he points to at the end, and what he says):
We are all dumbfounded that Gov. Newsom SIGNED AB 2098 into law, KNOWING what he KNOWS. For me, I am glad that I stood up to him and went to Sacramento’s Capital steps to give him a chance to VETO it.
Etched in my mind forever, I must tell you that it was exhilarating.
Dr. Len Saputo, was a passionate President of Physicians and Patients Reclaiming Medicine. Also in attendance were
Hoang v. Bonta
The lawsuit, filed December 1, 2022, is by plaintiffs defending the physician:patient relationship: LeTrinh Hoang, DO, Children’s Health Defense, California Chapter, and Physicians for Informed Consent are charging the Medical Board of California on inserting its nose into the physician’s office.
This is a refreshingly different approach than the first case challenging AB 2098, McDonald v. Lawson, filed October 4, 2022 in the U.S. District Court for the Central District of California, also against the Medical Board of California but adding the Attorney General of California. This case was rather embarrassing “slaughtered”, as Rick Jaffe stated, was see dismissed on standing grounds (with leave to replead, so they still have time to restate their case, i.e., injuries or proposed injuries). The second one is scheduled to be heard on January 9th, and their case will hopefully have a more precise complaint of injury. The problem? The plaintiffs also filed papers seeking a preliminary injunction to protect their free speech rights as the case unfolds - but defended social media posts, not patient care.
Doctors and patients make their own choices, through informed consent.
The Complaint
Plaintiff: LeTrinh Hoang, Physicians for Informed Consent and Children's Health Defense, California Chapter
Defendant: Rob Bonta and Erika Calderon
Case Number: 2:2022cv02147
Filed: December 1, 2022
Court: US District Court for the Eastern District of California
Presiding Judge: Allison Claire
Referring Judge: Dale A Drozd
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Link to Complaint: https://rickjaffeesq.com/wp-content/uploads/2022/12/complaint.pdf
https://rickjaffeesq.com/wp-content/uploads/2022/12/complaint.pdf
Page 3 of the Complaint:
6. California has no legitimate interest in preventing patients from receiving truthful and accurate information just because the information is not consistent with public health authorities’ pronouncements about the “contemporary scientific consensus,” or because the Board might at some distant future date determine in an administrative proceeding that the information conveyed is not within the “standard of care.” And the Board has no right to declare information false just because it is against the scientific consensus and the “standard of care.”
7. The Supreme Court has rejected the notion that the First Amendment free speech rights of professionals are entitled to lesser protection than non-professionals just because the state licenses professionals. The Supreme Court has quite forcefully pushed back on the government’s attempt to
control what physicians tell patients, likening such efforts to what was done in the Soviet Union, Communist China and under the Nazis.”
Above: I especially love that last sentence. Truth.
8. Plaintiffs also maintain that patients have a First Amendment right to receive information even if it is not within the “contemporary scientific consensus” and the “standard of care”
as determined by the Osteopathic Board, because it is constitutionally impermissible for the government to restrict access to information merely because the government does not agree with a viewpoint or thinks it is against the “contemporary scientific consensus.”
9. Plaintiffs also maintain that the statute is unconstitutionally vague under the heightened specificity requirement of the Fifth Amendment Due Process clause for the reasons set out in the Second Claim for Relief.
10. Finally, this suit also asserts a state constitutional claim that patients have a right to receive and physicians have the right to provide or prescribe any FDA approved treatment off-label under the California right of privacy,2 and this privacy right supersedes the Board’s right to sanction osteopathic physicians who advise, recommend and even prescribe FDA approved but off-label prescription drugs like Ivermectin and Hydroxychloroquine (“HCQ”). (See the Third Claim for Relief.)
Above: « « Great Job » » defending the use of off-label drugs!
Page 4, Under THE PLAINTIFFS AND THEIR STANDING:
11. Plaintiff LeTrinh Hoang, is a pediatric osteopathic physician. Dr. Hoang has an office in Los Angeles County. She had been licensed by the Board for more than twenty-five years and treats children and sees adults for osteopathic muscular treatments.
12. Her practice includes advising her patients (and their families) about the risk versus benefits of Covid vaccines and boosters, based on the patient’s age, health status, and co-morbidities. The level of detail or granularity of the information she conveys to patients depends on the patient (or the family member in the case of young children) and can range from just the broad strokes to discussion of the latest literature on vaccines and the reported deficits in the science behind FDA approved or Emergency Use Authorization (“EUA”) drugs.
The above #12 is exactly what McDonald v Lawson was missing - the patient:physician relationship and informed consent.
Page 5:
13. Of course, all of her patients are informed of the exact FDA status of the vaccine or drug (in the case of Covid treatment drugs) and the government’s recommendation. In the case of the currentPfizer booster, for example, a patient wanting specifics about the booster might be cautioned that the data submitted to obtain Emergency Use Authorization were not reviewed by the FDA’s outside
vaccine advisory committee, and that one of the panel’s leading members, Dr. Paul Offit, does not recommend the booster for children because of the lack of adequate scientific evidence. It might even include reference to and, in some cases, discussion of the actual data Pfizer submitted to the FDA to
support its EUA.3 Under Section 2270, however, she is unclear whether she is permitted to related this information to her patients.
14. Dr. Hoang would like to provide information to her male patients between ages 17-39 of the increased risks of cardiomyopathy and other cardiac serious adverse events of the mRNA shots to this patient subset. This information is evidence based and widely reported in the medical literature.4 It may not be consistent with the U.S. infectious disease consensus or the standard of care, but the increased risk is plainly evidence based. Here again, the level of detail would depend on physician judgment (and past experience) with the patient. Assuming Plaintiff Hoang provides this important information (in whatever the level of detail) to a patient and recommends against the vaccine for such a
patient, Dr. Hoang believes she might be in violation of Section 2270.
Page 6
15. Another example of the type of questions she receives from patients when they seek her advice is about some of the claims made by the CDC about the success of vaccine, like for example the CDC claim (and this claim is cited in the findings of AB 2098) that the unvaccinated are eleven times more likely to die than the vaccinated.
16. Dr. Hoang may point out that, in her opinion, that statistic is misleading. Multiple evidence-based studies show that this statistic is misleading (i.e., old data, unstratified, inaccurate definition of unvaccinated) are provided in the declaration of Sanjay Verma, MD, submitted in support of Plaintiffs’ Preliminary Injunction motion (page 13, para. 15, to page 16 para. 55, and appendix 6, page 34).
17. Dr. Hoang would like to continue to provide such truthful information and evidence-based advice to her patients, but since this information and advice could be viewed as contrary to the vague and undefined “contemporary scientific consensus” which the law may view as a departure from
the standard of care, she is reluctant to do so unless this Court stops the enforcement of the law by the Board, pending the outcome of this case.18. Plaintiff therefore will be faced with either self-censorship and thus violating what she thinks is required under the Hippocratic oath, or risking investigation and Board disciplinary action.
19. As of the date of the filing of this Complaint, Plaintiff Hoang intends to provide her patients with the best available information concerning the safety and efficacy of vaccines and Covid 19 treatments, even where such information and recommendations fall within the definition of “Covid
misinformation.” second Moderna: Risk of Myocarditis and Pericarditis Following BNT162b2 and mRNA-1273 COVID-19 Vaccination. *This paper is co-authored by CDC scientists like Tom Shimabukuro and Eric Weintraub and is based on the CDC’s Vaccine Safety Datalink.
Above: I love the salient points here, defending THE SCIENCE and not government propaganda - this is a unique prosecution because THE SCIENCE will be debated, as it should. After all, this debate IS actually required by medical ethics, and is also known as “informed consent”. They cannot restrict informed consent.
Page 7
As such, she has a “concrete plan” to engage in action which violates the new law. Because of the vagueness of the law, she cannot determine whether providing above or similar information would subject her to professional discipline for she cannot predict the Defendants’ whims. Even if she could predict such whims, they will inevitably change with time and personas, rendering AB 2098 facially unconstitutional. And that is the reason she and the other Plaintiffs have filed this lawsuit. Her concrete plan to convey this information to her patients establishes her standing under the relaxed First Amendment standing requirements for this pre-enforcement challenge.
Plaintiff Physicians for Informed Consent (PIC) is a 501(c)(3) not-for-profit group based in California whose mission is, inter alia, to advocate for the right of physicians to provide true and evidence-based information to patients concerning the risks and benefits of vaccines. Many of its
members are physicians, other health care professionals, and scientists who publish and speak about vaccine safety and efficacy issuesMy insert: « « « « « BRAVO to Physicians for Informed Consent » » » » » !
Above: Click here for information allowing you to get started making your own decisions and have “Informed Consent on Vaccines”, offered by Physicians for Informed Consent HERE: https://physiciansforinformedconsent.org/education/
We’ll continue through the rest of the 20 pages of the complaint this week. Go ahead and read the lawsuit here: https://rickjaffeesq.com/wp-content/uploads/2022/12/complaint.pdf
I can see also that Atty. Jaffe also filed a second document, to be revealed.
Richard Jaffe et al Files A Unique First: A War on the “Contemporary Scientific Consensus”
From Atty. Jaffe’s Newsletter of December 4, 2022:
The other huge thing is we're going to go after the "contemporary scientific consensus" hard, like in 18 single-spaced URL references showing how on all the big issues like vaccine preventing infection, transmission, as well as safety and efficacy, the public health authorities got it wrong initially, and their recommendations were often based more on wishful thinking rather than hard science. To my knowledge, this will be the first time anyone has put all this together in one document. It will be in a declaration to be filed with the preliminary injunction motion to be filed probably tomorrow, so stay tuned for that. I think you will enjoy reading it, as it reads like an scientific indictment (if there were such a thing).
And for me personally, it's always a treat working with Bobby on a case. I expect him to handle telling the judge the patients' side of the story, and some more stuff. I can't think of anyone in the country who has more knowledge, street cred, and passion to do so.
Depending on a couple of things to be worked out, the hearing may be via zoom, so you all will be able to watch it live. I'll keep you posted. It could be historic.
More as it breaks.
Rick Jaffe
Please, please, please hold this hearing via Zoom!
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MEDICAL WEBSITES
* Hospital Hostage Hotline: 888-C19-EMERGency and ProtocolKills.com - Donate
* Hospital Hostage Assistance: https://GraithCare.com and graithcare.adm@gmail.com and (469) 864-7149
* Blood Transfusions: Blessed By His Blood: https://www.blessedbyhisblood.com/ - Join the Cooperative to Get Unvaccinated Blood - Donate
* SAFE BLOOD DONATION: info@safeblood.ch | Tel. +41 79 55 99 079 | USA: safeblood.us | INTERNATIONAL: safeblood.net | SEARCH FOR A DONOR: https://safeblood.ch/en/search/ | SEARCH FOR A MEDICAL PARTNER: https://safeblood.net/en/medicial-partner-search/
* Report a Sentinel Event: https://www.truthforhealth.org/report-sentinel-event/
* File a Criminal Complaint: https://www.truthforhealth.org/2022/02/how-to-file-a-criminal-complaint/
* File a Hospital Complaint with the Joint Commission: https://www.jointcommission.org/resources/patient-safety-topics/report-a-patient-safety-concern-or-complaint/
* How Bad Is My Batch: https://howbadismybatch.com/
MEDICAL FREEDOM LINKS - TAKE ACTION AND SIGN
NEW:
If you are in California: Imagine waking up one morning to a cell tower being installed in your front yard. You were not notified and are not allowed to appeal the decision. There is nothing you can do. https://childrenshealthdefense.org/community-forum/la-county-board-of-supervisors-vote-for-wireless-safety/?source=1204&eType=EmailBlastContent&eId=2ed632e0-218f-47d2-ad31-5e7d57530262
This is the time to band together as Americans to stand up for our rights
What is my next step?
1. Join Physicians and Patients Reclaiming Medicine at https://ReclaimingMed.org Physicians, health care providers, advocates, and patients all welcome. See you there.
2. Send a letter to Governor Newsom. Demand we get back our fundamental rights to medical freedom: https:CaliforniaForUs.org
3. Send a letter to your State's Attorney General. Ask them to do their job and protect those they have sworn an oath to protect. Demand they convene a grand jury and bring criminal indictments against the perpetrators. https://10letters.org/
4. Visit AlignAct.com to Sign a Petition to Your Congress and get a Medical Freedom Act in the works: https://alignact.com/go/medical-freedom-act
5. File a Medical Board Complaint for Harm in Your State. A Voice for Choice Advocacy makes it easy for all 50 state medical board complaints: http://www.neglectreport.com/
6. For Health Care Professionals: Take Steve Kirsch’s Survey If you work in Healthcare. https://airtable.com/shrQZWaacOu9j2rhh?utm_source=substack&utm_medium=email
AFFILIATE LINKS:
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WHAT I REALLY THINK
I stood on the steps of the Sacramento capital building on September 30, 2022 and I pleaded …
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