Jahi’s family wants her declared 'alive again’

[Quester]

... family left corpse upstairs for six months expecting resurrection
http://www.thespec.com/news-story/5...stairs-for-six-months-expecting-resurrection/

 

[BetteDavisEyes]

Keep Jahi Mcmath on life support

5 hours ago

Today marks one year this tragedy happened at the Children's Hospital Oakland, and we want to thank God for keeping Jahi ALIVE and WELL against all odds, also thanking everyone who helped in saving Jahis life, especially Attorney Christopher Dolan for answering our call and being there for us...

https://www.facebook.com/keepJahiMcmathonlifesupport

 

[Hiandmighty]

Isn't there a hearing today?

 

[Opie]

"...Jahi is alive and doing well...."

Um, okay.

 

[Hiandmighty]

No hearing happened today. Dolan "reserved" it on the docket and then didn't use it. So no movement on the death of Jahi.

 

[katydid23]

Surprising since she is doing ' so well' and all that. :facepalm:

 

[MissJ]

Alive and well......

 

[Hiandmighty]

The photo they showed looks like an urn. Someone else pointed out in the photo of the "selfie" Jahi has the same outfit/blanket she was wearing when that guy sang to her. So the insinuation is that Jahi is dead and buried.

I don't know, but my first impression also was that it was an urn.

 

[K_Z]

The photo they showed looks like an urn. Someone else pointed out in the photo of the "selfie" Jahi has the same outfit/blanket she was wearing when that guy sang to her. So the insinuation is that Jahi is dead and buried.

I don't know, but my first impression also was that it was an urn.

The image on the "Keep Jahi" FB page? I don't think it's a cremation urn.

It kind of looks like a trophy/ award to me, one of the etched glass ones that you can have personalized as a gift or an award. It's a very nice image of Jahi-- from the wedding pictures when she was all dressed up. I got the sense it was a gift for Attorney Dolan from Jahi's family. I'm all good with that-- I think it's good manners to show appreciation when someone has worked hard on your behalf. Like him or hate him, Attorney Dolan has worked hard for NW and her family, IMO.

 

[Hiandmighty]

Keep Jahi McMath on life support Facebook page?

I agree it's not an urn, but it reminded me of the obelisk type urns with the ashes in the base.

 

[K_Z]

The one year "anniversary" of Jahi being declared brain dead has prompted more media articles:

Jahi McMath remains on ventilator in 'home environment' one year after being declared brain dead

http://www.nydailynews.com/life-style/health/jahi-mcmath-remains-ventilator-year-article-1.2042930

http://www.nola.com/health/index.ssf/2014/12/jahi_mcmath_ventilator_brain_d.html

http://abcnews.go.com/US/wireStory/jahi-mcmath-hooked-machines-year-27548676

http://www.nationalrighttolifenews.org/news/2014/12/making-sure-jahi-stays-dead/#.VItIt-lujP0

 

[katydid23]

"...the family's lawyer Christopher Dolan sought an unprecedented court ruling to revoke the death certificate, arguing that new tests show Jahi has brain activity. He later withdrew his request for a court hearing, telling the judge he wanted time for the court-appointed doctor and his own medical experts to confer. No new court date has been scheduled."

http://www.nydailynews.com/life-styl...icle-1.2042930


What court appointed doctor? Is this the old one or is there a new one appointed? And what are they conferring about? Is he going to allow a new series of tests?

 

[Donjeta]

"...the family's lawyer Christopher Dolan sought an unprecedented court ruling to revoke the death certificate, arguing that new tests show Jahi has brain activity. He later withdrew his request for a court hearing, telling the judge he wanted time for the court-appointed doctor and his own medical experts to confer. No new court date has been scheduled."

http://www.nydailynews.com/life-styl...icle-1.2042930


What court appointed doctor? Is this the old one or is there a new one appointed? And what are they conferring about? Is he going to allow a new series of tests?

I think it refers to the same doctor who declared Jahi brain dead. There was a court document where Dolan said that Fisher and their own experts should talk about it and keep the judges out of Jahi's business.

Well, in more juridical language.

 

[SeeAlice]

Off-the-wall question here. Would keeping her body temperature lowered help slow the decay process?

 

[CHERIE.T]

Still? Still?

 

[SwampMama]

Off-the-wall question here. Would keeping her body temperature lowered help slow the decay process?

I had wondered the same thing because i when he mom commented that her room was always so cold. (Jahi was all bundled up while everyone else in the room was in short sleeves though.) I wondered if she was being kept in a chilled room to delay decomp or as some kind of therapy but K_Z (I think) explained that Jahi would probably have little ability to regulate her temperature (as normal warm blooded creatures do) so they had to keep her bundled up, even when everyone else was in short sleeves and warm.

 

[Hiandmighty]

Off-the-wall question here. Would keeping her body temperature lowered help slow the decay process?

I'm pretty sure it would slow it down, but since they are also supporting her body with nutrients and hormones, I think her body could last a while.

 

[Trino]

http://abcnews.go.com/Health/jahi-mcmaths-family-hope-year/story?id=27564470

Get out the balloons and gifts - one year later...

 

[K_Z]

I've been thinking about what legal options the family has available to them, at this point. I don't believe they are done with legal action, and I think they're trying to figure out how and where to file another action.

It does seem, IMO, that it is not even remotely possibly that they could achieve a court ruling that would determine Jahi is "alive again", and hence they must rely on their own and donated resources for care. NW has said her goals are to have Jahi's death certificate revoked, so that she is eligible for health insurance and other financial benefits, as well as cared for in a health care facility. She has never really indicated that she personally wanted to have Jahi's care provided in a home environment. However, if they can pursue a settlement or award in a wrongful death case, then there is potentially at least $250K that would be available to them (absent the attorney cut) that could be used for Jahi's somatic support. While the uncle called that "chump change", it is something, when all other "big dollar" avenues appear to be dead ends. (And it doesn't appear that either NW or her husband have been employed anywhere for the past year, so like anyone, they need income.)

The original California court judge expressed serious doubt that his court was the proper place for challenging the death certificate. I'm not sure if they could file something in a New Jersey court-- that might be very complicated. And it would mean that they would have to have at least one NJ attorney to help them, even if Atty Dolan were to apply to be part of a potential case in NJ.

So then I started thinking about a possible Federal case, but can't think what it would be based on, except for discrimination or a civil rights violation? I don't think a legally dead person could bring a lawsuit for civil rights violation, but maybe NW could? As in, "my civil rights/ religious beliefs were violated when they declared Jahi brain dead"? But the remedy would be exactly what they are receiving in New Jersey-- the right to continue ventilator care until cardiac death. No one is attempting to take Jahi off the vent. And I couldn't imagine that any kind of federal lawsuit could survive if it was based on a diagnosis of death being discrimination?

I do think that the family will try again with some kind of legal action to try to obtain money. Personally, I think after last month's activities, where they filed, and then withdrew the "alive again" petition, that they won't try that again. And I personally think they are likely struggling with "when" to abandon the "alive again" legal maneuvers, and switch to pursuing a civil complaint based on wrongful death. Once they do that, they have to acknowledge that Jahi is legally dead-- and they don't seem ready to do that yet. Maybe as the statute of limitations draws closer, they will file something, to preserve their options.

What I'm curious about is, can the family begin to pursue a wrongful death civil lawsuit in California while Jahi's body is still receiving somatic support on the ventilator in New Jersey? I'm not sure about the statute of limitations, either, as this has become a unique case due to the family's desire to continue the ventilator for a year after the brain death determination, and court proceedings re-confirming that diagnosis.

For any attorneys, what do you see as any potential legal options for NW?

 

[jjenny]

Well, it's been 6 months and her body is still ticking and the family is still talking. Your post appears to me to infer that the silence of the family indicated that Jahi's body was failing and soon they would report her death: With respect, not sure why you would accompany that sentiment with a smiley face. No matter what one believes is right in this case, I don't understand how anyone can take pleasure at the thought of being "right" in the face of the suffering of this family and the loss of their child.

I feel this case shouldn't excite anyone, IMO nor create cravings for "more happenings." It is an all around pitiful tragedy, regardless.

The reason the heart is ticking is because the body is on life support. If they turned off the ventilator the heart will stop beating and it will be over quickly. A lot of effort and expense to maintain a body on life support for no apparent reason. She can not recover from brain death.