Jahi McMath: Media links only ***NO DISCUSSION***

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http://www.insidebayarea.com/news/ci_26644996/jahi-mcmath-family-seeks-have-brain-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.
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BBM. ~KZ
 
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.
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http://www.sfgate.com/bayarea/matie...s-family-wants-her-declared-alive-5795112.php

BBM. ~KZ
 
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."
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http://www.mercurynews.com/breaking...i-mcmath-family-seeks-have-brain-death-ruling

BBM. ~KZ
 
http://www.mercurynews.com/ci_27499889/jahi-mcmath-landlord-sues-family-alleging-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.
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More information and images of the court documents filed at the above link.

Another article:

http://www.newser.com/story/202548/landlord-jahi-mcmaths-family-stopped-paying-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."
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http://www.sfgate.com/bayarea/article/Jahi-McMath-s-family-has-paid-back-rent-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.
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http://www.mercurynews.com/breaking...ath-landlord-sues-family-alleging-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.
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http://www.nj.com/somerset/index.ssf/2015/02/jahi_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.
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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.
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"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.
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http://www.insidebayarea.com/breaki...th-oakland-girls-family-sues-hospital-surgeon

http://sanfrancisco.cbslocal.com/2015/03/03/jahi-mcmath-oakland-hospital-brain-dead/

http://www.contracostatimes.com/bre...th-oakland-girls-family-sues-hospital-surgeon

http://abc7news.com/news/jahi-mcmaths-family-to-file-lawsuit-against-hospital/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.
 
The 12 page civil complaint is now available.

http://dig.abclocal.go.com/kgo/PDF/Jahi_McMath_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
 
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
 
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.
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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.
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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.
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http://www.sfgate.com/bayarea/article/Family-of-Jahi-McMath-suing-Oakland-hospital-6112629.php
 
Appears Christopher Dolan is involved in another brain death dispute w hosp.

Below is snipped from sfexaminer article published as 'Q & A' from public to atty Christopher Dolan (IOW, not ID'ed as paid ad for him).

Q: "....[referring to Jahi McMath case] Can you please explain to me why in California if someone is pronounced brain dead they can be disconnected over a parent’s objection but in New Jersey they can’t?”

A: "Mark, thank you for this question. I have been asked this a lot at seminars and social gatherings but have never addressed it here.
The whole concept of brain death came out of ...."
"As I well know, this issue is very controversial and people have said that when a doctor has pronounced a person brain dead, then the family members need to let go and not challenge that determination. I can tell you, as you will soon hear, that a brain death diagnosis made in the Bay Area recently at a well-known hospital made by four members of the hospital’s medical staff was recently overturned by two independent neurologists who conducted an examination pursuant to a court order. Like the McMath case, I handled that too albeit in a less public manner than the McMath case. So are people crazy who challenge doctors? No. Are doctors fallible? Yes. Should life be taken by mistake? Not on my watch." bbm

http://www.sfexaminer.com/sanfrancisco/criteria-for-brain-death-differs-in-other-states/Content?oid=2929206. May 7,2015
_______________________________________________________
Prof Pope's May 9 Medical Futility blog linked above sfexaminer article.
Borrowing a few sentences from a comment:

"Several months ago, I saw a single-sentence mention that another brain death opposition case was unfolding in a SF Bay Area hospital. There were few details and it sounded like the dispute had not been settled.
Do you have any details about the nature and outcome of that dispute? Dolan's version of fact is not high on my list of trusted sources. Was the clinical diagnosis of neurological death really overturned? Dolan misleadingly uses the phrase "like the McMath case" in his next sentence. If this second case was an erroneous diagnosis, then it is not at all like the McMath case." bbm


sf examiner article was dated ^ May 7, so seems there s/be more soon.
 
Not specific to Jahi's case but still relevant re BD and Medical Futility imo.

Duty to Transfer Brain Dead Individual
"The patient has been determined dead by neurological criteria (brain dead). While this has been explained to the family, they reject the diagnosis. Even after an independent second opinion, they still reject the diagnosis. They ask, "Isn't there anything else we can do?"
Do you have any obligation to inform this family of the option to transfer?"bbm
"1. This question is worth asking because such transfers are apparently actually possible (even if unlikely). Jahi McMath was transferred to a willing facility. Jesse Koochin was transferred. Theresa Hamilton was transferred. Other brain dead individuals were also transferred."

"2. The duty of "reasonable accommodation" in California, Illinois, and New York might require offering the opportunity to find a transfer...."

"7. In short, while there may be a custom and practice to provide "some" accommodation (normally continued physiological support for around 24 hours) outside CA, IL, and NY, it is unclear whether there is a duty to provide any accommodation much less providing an opportunity to transfer."

http://medicalfutility.blogspot.com/ May 9, 2015
Author is a law professor: http://www.blogger.com/profile/03559981121040578536).
 
[video=vimeo;127966432]https://vimeo.com/127966432[/video]
This is a relevant discussion in Harvard.
 
"As I blogged here in March 2015, the family of Jahi McMath filed a medical malpractice action against Oakland Children's Hospital and several individual clinicians.

"Last week, the lead defendant, otolaryngologist Frederick Rosen, filed a demurrer (76-page PDF). Not surprisingly, the demurrer starts by arguing that Jahi "is deceased" and therefore does "not have standing to allege a personal injury claim."

"Furthermore, anticipating that this is a fact the plaintiffs contest, the defendant contends that "Judge Grillo's [January 17, 2014] Judgment and finding of'death is not subject to reversal, reconsideration, re-opening or collateral attack. Jahi's brain death is, tragically, final and irreversible. . . . This court must give conclusive effect to Judge Grillo's final Judgment and should not entertain plaintiffs' claim that Jahi is no longer dead."

http://medicalfutility.blogspot.com/ June 23 2015

"On this blog, Professor Thaddeus Mason Pope tracks judicial, legislative, policy, and academic developments concerning medical futility and the limits on individual autonomy at the end of life. For more resources, visit www.thaddeuspope.com"

Winkfield v. Rosen (Alameda Cty. Sup. Ct, Cal., Mar. 2015) (complaint)
Other docs re Winkfield & McMath http://thaddeuspope.com/futilitycases.html.
 
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