Kaiser Permanente Commits LIbel
I received an e-mail from Kaiser Permanente with a link to click. I clicked the link and learned that Kaiser Permanente (KP) has libeled me. Below see a definite assertion of fact. KP definitely asserts that I have ignored my legal obligations (the required DPT vaccination — I will not present proof on this point here — might as well admit it). KP’s accusation is false. KP did not perform due or any diligence.
I assert that KP’s conduct is a tort and totally unacceptable. Rather than accept it, I have filed a complaint and written this blog post.
proof that the claim is false (not the part which accuses me of neglecting my legal requirement — I don’t have the proof that that libelous claim is libelous on hand — but it is).
See the proof that Kaiser Permanente’s definite claim of fact is false. They made the false claim with reckless disregard for the truth. It is not material libel as I was the only person told the false and damaging claim about Robert Waldmann.
Now that the libelous claim has been made public by someone to whom they sent it (me) Kaiser Permanente must correct the record. Immediately.
Robert:
Do you think they care? By the way, it is good to see you again. Hope all is well with you too.
I see the issue. You mixed Moderna with Pfizer and confused them
I know this kind of thing can be frustrating, but am I missing something?
1) They say right up on top that this is a statement about their records, not you. Maybe their record keeping sucks. Maybe their records are incomplete for any number of perfectly sensible reasons, like you got those vaccines from a health care provider who doesn’t report to them. (Or, maybe this is just ass covering, but it’s like saying IMHO up front, statements of opinion being protected speech.)
2) How are you legally required to have a DTAP? Are you enrolled in a public school? They don’t mention any legal requirement, and it’s not like they are warning you that you will not be covered if you get diphtheria, tetanus or pertussis because you lack the appropriate vaccine. They just say that staying up to date with your vaccines is important. As I asked, what am I missing?
3) It’s only libel if THEY present it to a third party. Where else did they publish this record? Who else could read it if you hadn’t published it? They could be in violation of medical privacy laws.
4) It’s only libel if it causes harm. There was a famous case involving the Los Angeles Dodgers suing a Brooklyn tavern keeper for using the name Dodgers. They claimed it was hurting their reputation in Brooklyn. The judge ruled that the Dodgers, having left Brooklyn for Los Angeles in the 1950s, had no reputation capable of being further damaged in Brooklyn. Did they present this report to a third party that then led to some harm, for example, a job, visa or medical claim being denied?
5) Now that medical records have been moving online, consider logging in and sending a message with the vaccines and dates and asking them to update their records. I’ve had to do this now and then but mainly for more weird ass vaccines like an experimental yellow fever vaccine. (The good news: my eyeballs didn’t turn yellow.)