Observer Effect, Determinism, Reflection

Among post-Einstein physicists, the Observer Effect, i. e. the thesis that observation influences its object, has been gaining wider acceptance.  Thus, since uncertainty is introduced into the behavior of the Observed, Determinism has become more difficult to defend.  But, a challenge to Determinism is unwittingly posed by Einstein himself even as he rejects the OE.  For, if Determinism is correct, then the entire history of Physics is Deterministic, e. g. not merely the apple dropping onto Newton's head, but his subsequent development of a theory of Gravitation necessarily follows.  Still, granting him that, he needs to further explain the act of reflection by which any judgment, pro or con, regarding the relation between Observer and Observed, an act in which Observer and Observed are one and the same, is possible.  In other words, if Determinism entails the independence of Observer from Observed, then Einstein himself refutes it simply by reflecting on the Observer function of the Physicist, regardless of whether or not he accepts the OE.