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  1. #61
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  2. #62
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    Dolan to file his expert's reports in court Friday (10-3-14)

    http://www.insidebayarea.com/news/ci...n-death-ruling

    Dolan said his experts who have evaluated Jahi and will testify in court are "certified neurologists, pediatric neurologists and a prominent world expert on brain death." He wouldn't name the experts and they aren't named in court papers, though Dolan said he plans to file the experts' declarations in court Friday. He is asking Alameda County Superior Court Judge Evelio Grillo to hear the petition to reconsider earlier determinations that Jahi has no brain function.

    Attorneys for UCSF Benioff Children's Hospital Oakland, where Jahi was first treated, have filed documents asserting that "there are no substantive grounds and no available procedures for any challenge" to the court's finding that Jahi is brain dead.
    BBM. ~KZ

  3. #63
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    Will the court hear the petition Oct 9?

    If Jahi is declared alive, UCSF Benioff Children’s Hospital Oakland could be responsible for her medical costs.

    Hospital officials did not return our call seeking comment. However, in their court filing, attorneys for Children’s said Grillo’s ruling upholding the death declaration was “well-supported in fact and law.”

    What’s more, they said, Dolan missed the deadline to request a rehearing by seven months, and therefore the court no longer has jurisdiction to hear it.
    http://www.sfgate.com/bayarea/matier...ve-5795112.php

    BBM. ~KZ

  4. #64
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    Hearing set for October 9, 2014

    The family maintains that Jahi responds to voice commands and touch. The new court documents say the teen has entered into puberty and started her menstrual cycle.

    An Oct. 9 hearing is set between attorneys for McMath, Children's Hospital and Alameda County.

    Dolan called the upcoming court case "the greatest challenge of my legal career."

    "I never gave up on this family," said Dolan, the family's attorney since December. "I wouldn't stick my neck out without concrete proof."
    http://www.mercurynews.com/breaking-...n-death-ruling

    BBM. ~KZ

  5. #65
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    Missed this earlier. This link contains the 11 page court filing by Attorney Dolan.

    http://www.mercurynews.com/breaking-...n-death-ruling

    Additional link:

    http://www.docstoc.com/docs/172795721/jahidoc100214.pdf
    Last edited by K_Z; 10-02-2014 at 01:47 AM.

  6. #66

  7. #67
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    http://www.mercurynews.com/ci_274998...ng-unpaid-rent

    A New Jersey landlord has filed a complaint against the family of Jahi McMath alleging they have not paid rent at an apartment there for two months as they watch over the brain-dead Oakland teen after her release from a nearby hospital, according to court records obtained Tuesday.

    The complaint was filed on Jan. 26 in the Superior Court of New Jersey in Somerset County, where the family is listed as living. The case is active, according to the court's website, but family attorney Christopher Dolan said it is being withdrawn. Dolan called it an "administrative error" but would not elaborate.
    More information and images of the court documents filed at the above link.

    Another article:

    http://www.newser.com/story/202548/l...ying-rent.html

    ...a landlord at a Somerset building has filed a complaint stating the family owes $3,375 in rent and associated fees and seeking to have them removed.

    Though a court hearing is set for Feb. 27, the McMath's attorney expects the matter to be settled by today. Christopher Dolan says that while " somebody didn't pay" the December and January rent, it's now been paid; he goes so far as to call it an "administrative error." But he admits to the newspaper that the family is "basically broke." "They are struggling to get by on a regular basis," he says. "They are trying to care for their daughter and keep their sanity."

  8. #68
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    Atty DOlan re-filing with C

    The family plans to file a request next week with the Alex Padilla, California's secretary of state, asking him to rescind the death certificate so the family can return to Oakland and receive care for their daughter, Dolan said. If that doesn't work, he said he would sue the state in an effort to get Jahi home.
    http://www.nj.com/somerset/index.ssf...hi_mcmath.html

  9. #69
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    Eviction notice, request for donations, and new push to declare Jahi "alive again"

    http://www.sfgate.com/bayarea/articl...nt-6076633.php

    The family of Jahi McMath, the Oakland girl declared brain-dead last year after surgery for sleep apnea, has repaid $3,375 in rent that they owed to their landlord in New Jersey, their attorney said Wednesday.
    http://www.mercurynews.com/breaking-...ng-unpaid-rent

    "The purpose of the attached complaint is to permanently remove you and your belongings from the premises," the complaint reads, adding that the family can present its case at a Feb. 27 court hearing.

    http://www.nj.com/somerset/index.ssf...hi_mcmath.html

    "The family," Dolan said, "would welcome any assistance. Taking care of Jahi is a full-time job. Neither parent has been able to work. Nailah worked at Home Depot for 13 years before this. She paid all her bills. This is a great family just trying to take care of their daughter."

    Since coming here, the family has kept a low profile. Its plight came to light again when their landlord filed court papers seeking their eviction.

    "We just want our privacy," Marvin Winkfield said, refusing further comment, when a reporter came to his residence.

  10. #70
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    Jahi's family files lawsuit against hospital & surgeons

    Jahi McMath: Oakland girl's family sues hospital, surgeon

    Jahi McMath's family plans to file a lawsuit Tuesday against UCSF Benioff Children's Hospital Oakland, full of new details that bring to life their harrowing hours inside a hospital room after her botched surgery: Buckets of blood pouring from her mouth, frantic calls for a doctor unheeded, the girl's heart rate dropping, and nurses contradicting each other about what to do next.
    "If you read the medical records, it's just a pretty cavalier approach to the whole thing," said the family's attorney, Bruce Brusavich, a Southern California medical malpractice attorney who is a friend of another family attorney, Christopher Dolan. The long-awaited lawsuit offers, for the first time, Jahi's family's account of what happened after her complex nose and throat surgery at the Oakland hospital in December 2013. It will be filed in Alameda County Superior Court.
    http://www.insidebayarea.com/breakin...spital-surgeon

    http://sanfrancisco.cbslocal.com/201...al-brain-dead/

    http://www.contracostatimes.com/brea...spital-surgeon

    http://abc7news.com/news/jahi-mcmath...spital/541813/

    I asked mods if they would consider re-opening the thread for discussion, or maybe starting a new one.

    *The 12 page complaint is not available yet.
    Last edited by K_Z; 03-03-2015 at 11:34 AM.


  11. #71
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    12 Page Malpractice Complaint now available

    The 12 page civil complaint is now available.

    http://dig.abclocal.go.com/kgo/PDF/J..._Complaint.pdf

    Complaint for Damages for Medical Malpractice

    Plaintiffs: Nailah Winkfield, Marvin Winkfield, Sandra Chatman (grandmother), and Jahi McMath

    Defendants: Frederick S. Rosen, MD, UCSF Benioff Children's Hospital, Milton McMath, a nominal defendant, and Does 1-100

  12. #72
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    Dear Websleuths Members,

    We will not be opening this thread for discussion.

    Unless something changes in Jahi's condition or her death certificate is nullified the thread will remain closed.

    I'm sorry to say when we allowed a discussion it created all kinds of problems for our moderators. Members were not posting
    in a mature manner and the alerts were through the roof.

    Tricia
    Websleuths is TEMPORARILY accepting donations.

    CLICK HERE
    to visit our GoFundMe page

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  13. #73
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    Headed out the door, but wanted to include two more links I saw this morning that may or may not have more info about the suit.

    http://www.msn.com/en-us/news/us/fam...tal/ar-BBicnO0

    http://www.latimes.com/local/lanow/l...303-story.html

  14. #74
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    The lawsuit, filed in Alameda County Superior Court, accuses surgeon Frederick Rosen of recommending a “complex and risky surgery.” During the procedure on Dec. 9, 2013, Rosen noted that Jahi had a congenital condition that would put her at risk of hemorrhaging, but he failed to notify nurses and other doctors who would be taking care of her afterward, the suit alleges.
    A nurse gave Jahi’s mother a suction wand to siphon the blood out of the girl’s mouth, according to the suit.

    But Jahi continued to cough up blood, and her mother continued to suction out blood, only to be admonished by another nurse for doing so, the suit says. That nurse said suctioning the blood would “remove blood clots that are vital for her healing,” the complaint says.
    The cardiac arrest lasted for more than two hours, leaving Jahi severely brain-damaged and dependent on life support, said the family’s attorney, Bruce Brusavich.
    http://www.sfgate.com/bayarea/articl...al-6112629.php

  15. #75
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    Link won't copy
    Last edited by Lippy; 04-10-2015 at 07:56 PM. Reason: Link didn't copy

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