Jahi McMath: Media links only ***NO DISCUSSION***
- Thread starter Harmony 2
- Start date
No, thread title did not change. For months, there has been little news in McMath case itself.
I've posted re other brain death declaration situations; some other sleuthers have posted too. If inapprop, my apologies.
In non-McMath posts, I've titled (or tried to) to show as non-McMath, so ppl who want to follow only Jahi can easily skip past.
I'll alert on this post to ask a Mod to review. Again, sorry for any inconvenience.:thinking:
From Professor Pope today (see below for links to rulings themselves):
"...the court also granted Jahi leave to amend to allege sufficient facts to establish that she is alive. If she is alive, then has standing to bring a cause of action in her own name, despite the issuance of a death certificate on January 3, 2014."
"To be sure, this is a ruling only about pleading. If the First Amended Complaint (due in early November) can allege sufficient facts, then Jahi must still later offer sufficient evidence to substantiate them. Still, it seems that the amended complaint had better be pretty detailed."
^http://medicalfutility.blogspot.com/ Oct 22
"...the court also granted Jahi leave to amend to allege sufficient facts to establish that she is alive. If she is alive, then has standing to bring a cause of action in her own name, despite the issuance of a death certificate on January 3, 2014."
"To be sure, this is a ruling only about pleading. If the First Amended Complaint (due in early November) can allege sufficient facts, then Jahi must still later offer sufficient evidence to substantiate them. Still, it seems that the amended complaint had better be pretty detailed."
^http://medicalfutility.blogspot.com/ Oct 22
^^^ Court's Oct 20 Rulings^^^ list of earlier filings re case at http://thaddeuspope.com/jahimcmath.html |
Donjeta
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http://www.northjersey.com/news/wit...le-to-define-when-the-fight-is-over-1.1435107
A teenage girl is hooked up to a respirator in New Jersey, her heart still beating, her brain the subject of a fractious dispute over what many consider long-settled medical standard: the point at which someone can be pronounced dead.
Jahi McMath was declared brain dead by doctors in California nearly two years ago after a simple tonsillectomy went horribly wrong. Her family fought with doctors over the diagnosis and went to court, where they persuaded a judge to allow them to bring her across the country to a facility that would care for her.
More recently, Mikey LaVecchia a 13-year-old victim of a Wayne car crash that killed his father was transferred out of St. Josephs Regional Medical Center in Paterson after his doctors, too, declared him brain dead and his family vehemently objected, saying they had given up on him too soon and were pressuring them to donate his organs. Mikey died weeks later when his mom agreed to take him off life support.
http://pix11.com/2015/10/22/family-of-jahi-mcmath-teen-declared-brain-dead-shares-update/
In an update recently posted to Facebook, the family shared photos of the girl and stated:
Hello everyone. As requested here is the latest pic of Jahi. Our little sleeping beauty is doing great and progressing. She is moving more on her mothers command. As you can see she is still alive and just as beautiful as ever. Flawless skin! She will be 15 in a few days. Thank you all for the continued love, support and prayers!
A teenage girl is hooked up to a respirator in New Jersey, her heart still beating, her brain the subject of a fractious dispute over what many consider long-settled medical standard: the point at which someone can be pronounced dead.
Jahi McMath was declared brain dead by doctors in California nearly two years ago after a simple tonsillectomy went horribly wrong. Her family fought with doctors over the diagnosis and went to court, where they persuaded a judge to allow them to bring her across the country to a facility that would care for her.
More recently, Mikey LaVecchia a 13-year-old victim of a Wayne car crash that killed his father was transferred out of St. Josephs Regional Medical Center in Paterson after his doctors, too, declared him brain dead and his family vehemently objected, saying they had given up on him too soon and were pressuring them to donate his organs. Mikey died weeks later when his mom agreed to take him off life support.
http://pix11.com/2015/10/22/family-of-jahi-mcmath-teen-declared-brain-dead-shares-update/
In an update recently posted to Facebook, the family shared photos of the girl and stated:
Hello everyone. As requested here is the latest pic of Jahi. Our little sleeping beauty is doing great and progressing. She is moving more on her mothers command. As you can see she is still alive and just as beautiful as ever. Flawless skin! She will be 15 in a few days. Thank you all for the continued love, support and prayers!
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Donjeta
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http://www.dailymail.co.uk/news/art...upport-two-years-celebrate-15th-birthday.html
She is still alive and just as beautiful as ever': Family of Jahi McMath, declared 'brain dead' by doctors, mark her 15th birthday as she remains on life support two years later
Jahi McMath, now 15, was left with brain damage after having her tonsils removed
Doctors agreed she was brain dead and applied to turn off life support
But her family refused to accept prognosis and believed she could recover
Family are currently 'wholly responsible' for Jahi's care including expenses
The family moved to New Jersey and continue to fight against the removal of her life support
In March, they filed a malpractice lawsuit against the hospital
http://www.sfgate.com/bayarea/article/Jahi-McMath-s-family-marks-15th-birthday-amid-6591934.php
Freedman said the family cannot claim negligent infliction of emotional distress based on the surgery performed by Dr. Frederick Rosen, because they were not present in the operating room. Claims must be based on hospital treatment observed by Winkfield after the surgery, Brusavich, said.
He said there is a presumption Jahi is deceased based on the death certificate, which the family will have to overcome. If something happens, and the life support is terminated, then the case will proceed in the alternative as a wrongful death, Brusavich said.
The attorney said that if Jahi deteriorates, the family will remove the ventilator.
Although the girls family and attorneys have released videos showing Jahi moving in response to her mothers requests, Dr. Heidi Flori, director of the hospitals pediatric intensive care unit, dismissed the motions as spinal and muscular reflexes.
A continued case management conference is scheduled for Dec. 11.
She is still alive and just as beautiful as ever': Family of Jahi McMath, declared 'brain dead' by doctors, mark her 15th birthday as she remains on life support two years later
Jahi McMath, now 15, was left with brain damage after having her tonsils removed
Doctors agreed she was brain dead and applied to turn off life support
But her family refused to accept prognosis and believed she could recover
Family are currently 'wholly responsible' for Jahi's care including expenses
The family moved to New Jersey and continue to fight against the removal of her life support
In March, they filed a malpractice lawsuit against the hospital
http://www.sfgate.com/bayarea/article/Jahi-McMath-s-family-marks-15th-birthday-amid-6591934.php
Freedman said the family cannot claim negligent infliction of emotional distress based on the surgery performed by Dr. Frederick Rosen, because they were not present in the operating room. Claims must be based on hospital treatment observed by Winkfield after the surgery, Brusavich, said.
He said there is a presumption Jahi is deceased based on the death certificate, which the family will have to overcome. If something happens, and the life support is terminated, then the case will proceed in the alternative as a wrongful death, Brusavich said.
The attorney said that if Jahi deteriorates, the family will remove the ventilator.
Although the girls family and attorneys have released videos showing Jahi moving in response to her mothers requests, Dr. Heidi Flori, director of the hospitals pediatric intensive care unit, dismissed the motions as spinal and muscular reflexes.
A continued case management conference is scheduled for Dec. 11.
Donjeta
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Another case:
http://www.kpho.com/story/30406291/family-fights-hospital-to-care-for-loved-one
GLENDALE, AZ (KPHO/KTVK) -
Banner Thunderbird Medical Center has declared a woman brain-dead, but her family claims she is still very much alive. Perla Denise Acosta Perez is in a fight for her life. She's in a coma, and some doctors say she has no chance of recovery.
Read more: http://www.kpho.com/story/30406291/family-fights-hospital-to-care-for-loved-one#ixzz3qSA47YRf
http://www.kpho.com/story/30406291/family-fights-hospital-to-care-for-loved-one
GLENDALE, AZ (KPHO/KTVK) -
Banner Thunderbird Medical Center has declared a woman brain-dead, but her family claims she is still very much alive. Perla Denise Acosta Perez is in a fight for her life. She's in a coma, and some doctors say she has no chance of recovery.
Read more: http://www.kpho.com/story/30406291/family-fights-hospital-to-care-for-loved-one#ixzz3qSA47YRf
My MSM new search got no results. IDK if there's likely to be much coverage until ct's decision is rendered. Maybe someone else will find an article re the oral arguments? TIA.
".... case challenging the appropriate standards and criteria to ascertain death by neurological criteria.
Perhaps just as notable as this substantive issue is a procedural aspect of the case: due to litigation stays, the woman at issue, Aden Hailu, has been physiologically sustained at a Reno hospital for six months after her death."
http://medicalfutility.blogspot.com/ Nov 3, 2105
My 08/13 and 08/20 posts in this thread give background & links to case, w BD declared in Ap. 2015.
".... case challenging the appropriate standards and criteria to ascertain death by neurological criteria.
Perhaps just as notable as this substantive issue is a procedural aspect of the case: due to litigation stays, the woman at issue, Aden Hailu, has been physiologically sustained at a Reno hospital for six months after her death."
http://medicalfutility.blogspot.com/ Nov 3, 2105
My 08/13 and 08/20 posts in this thread give background & links to case, w BD declared in Ap. 2015.
Also from Donjeta's Nov 1-2 article: "Acosta Perez's son, Jose Acosta, said she went to the hospital complaining of a headache and that her health quickly deteriorated." IIRC she went to hosp "early last month."
No age given for patient/deceased, or her children's ages. Just guessing her son interviewed on camera, in vid at link, is ....in his teens?
Once again, sad, sad, sad for all.
Professor's blog Nov 6 http://medicalfutility.blogspot.com/
"This week, the family of Jahi McMath filed an amended complaint in its medical malpractice action against Oakland Children's and one of its physicians. In this amended complaint, Jahi's family explains how they will prove Jahi is still alive (and thus entitled to medical malpractice damages). The key paragraphs are 30 to 36. The highlighting is mine."
From First Amended Complaint for Damages for Medical Malpractice, filed Nov 4:
"30. Since the Certificate of Death was issued, Jahi has been examined by a physician duly licensed to practice in the State of California who is an experienced pediatric neurologist with triple Board Certifications in Pediatrics, Neurology (with special competence in Child Neurology), and Electroencephalography. The physician has a sub-specialty in brain death and has published and lectured extensively on the topic, both nationally and internationally. This physician has personally examined Jahi and has reviewed a number of her medical records and studies performed, including an MRI/MRA done at Rutgers University Medical Center on September 26, 2014. This doctor has also examined 22 videotapes of Jahi responding to specific requests to respond and move.
31. The MRI scan of September 26, 2014, is not consistent with chronic brain death MRI scans. Instead, Jahi's MRI demonstrates vast areas of structurally and relatively preserved brain, particularly in the cerebral cortex, basal ganglia and cerebellum.
32. The MRA or MR angiogram performed on September 26, 2014, nearly 10 months after Jahi's anoxic-ischemic event, demonstrates intracranial blood flow, which is consistent with the integrity of the MRI and inconsistent with brain death.
33. JAHl's medical records also document that approximately eight months after the anoxic-ischemic event, JAHI underwent menarche (her first ovulation cycle) with her first menstrual period beginning August 6, 2014. Jahi also began breast development after the diagnosis of brain death. There is no report in Jahi's medical records from CHO that Jahi had began pubertal development. Over the course of the subsequent year since her anoxic-ischemic event at CHO, Jahi has gradually developed breasts and as of early December 2014, the physician found her to have a Tanner Stage 3 breast development.
34. The female menstrual cycle involves hormonal interaction between the hypothalamus (part of the brain), the pituitary gland, and the ovaries. Other aspects of pubertal development also require hypothalamic function. Corpses do not menstruate. Neither do corpses undergo sexual maturation. There is no precedent in the medical literature of a brain dead body developing the onset of menarche and thelarche.
35. Based upon the pediatric neurologist's evaluation of Jahi, Jahi no longer fulfills standard brain death criteriaon account of her ability to specifically respond to stimuli. The distinction between random cord-originating movements and true responses to command is extremely important for the diagnosis of brain death.Jahi is capable of intermittently responding intentionally to a verbal command.
36. In the opinion of the pediatric neurologist who has examined Jahi, having spent hours with her and reviewed numerous videotapes of her, that time has proven that Jahi has not followed the trajectory of imminent total body deterioration and collapsed that was predicted back in December of 2013, based on the diagnosis of brain death. Her brain is alive in the neuropathological sense and it is not necrotic. At this time, Jahi does not fulfill California's statutory definition of death, which requires the irreversible absence of all brain function, because she exhibits hypothalamic function and intermittent responsiveness to verbal commands."
"This week, the family of Jahi McMath filed an amended complaint in its medical malpractice action against Oakland Children's and one of its physicians. In this amended complaint, Jahi's family explains how they will prove Jahi is still alive (and thus entitled to medical malpractice damages). The key paragraphs are 30 to 36. The highlighting is mine."
From First Amended Complaint for Damages for Medical Malpractice, filed Nov 4:
"30. Since the Certificate of Death was issued, Jahi has been examined by a physician duly licensed to practice in the State of California who is an experienced pediatric neurologist with triple Board Certifications in Pediatrics, Neurology (with special competence in Child Neurology), and Electroencephalography. The physician has a sub-specialty in brain death and has published and lectured extensively on the topic, both nationally and internationally. This physician has personally examined Jahi and has reviewed a number of her medical records and studies performed, including an MRI/MRA done at Rutgers University Medical Center on September 26, 2014. This doctor has also examined 22 videotapes of Jahi responding to specific requests to respond and move.
31. The MRI scan of September 26, 2014, is not consistent with chronic brain death MRI scans. Instead, Jahi's MRI demonstrates vast areas of structurally and relatively preserved brain, particularly in the cerebral cortex, basal ganglia and cerebellum.
32. The MRA or MR angiogram performed on September 26, 2014, nearly 10 months after Jahi's anoxic-ischemic event, demonstrates intracranial blood flow, which is consistent with the integrity of the MRI and inconsistent with brain death.
33. JAHl's medical records also document that approximately eight months after the anoxic-ischemic event, JAHI underwent menarche (her first ovulation cycle) with her first menstrual period beginning August 6, 2014. Jahi also began breast development after the diagnosis of brain death. There is no report in Jahi's medical records from CHO that Jahi had began pubertal development. Over the course of the subsequent year since her anoxic-ischemic event at CHO, Jahi has gradually developed breasts and as of early December 2014, the physician found her to have a Tanner Stage 3 breast development.
34. The female menstrual cycle involves hormonal interaction between the hypothalamus (part of the brain), the pituitary gland, and the ovaries. Other aspects of pubertal development also require hypothalamic function. Corpses do not menstruate. Neither do corpses undergo sexual maturation. There is no precedent in the medical literature of a brain dead body developing the onset of menarche and thelarche.
35. Based upon the pediatric neurologist's evaluation of Jahi, Jahi no longer fulfills standard brain death criteriaon account of her ability to specifically respond to stimuli. The distinction between random cord-originating movements and true responses to command is extremely important for the diagnosis of brain death.Jahi is capable of intermittently responding intentionally to a verbal command.
36. In the opinion of the pediatric neurologist who has examined Jahi, having spent hours with her and reviewed numerous videotapes of her, that time has proven that Jahi has not followed the trajectory of imminent total body deterioration and collapsed that was predicted back in December of 2013, based on the diagnosis of brain death. Her brain is alive in the neuropathological sense and it is not necrotic. At this time, Jahi does not fulfill California's statutory definition of death, which requires the irreversible absence of all brain function, because she exhibits hypothalamic function and intermittent responsiveness to verbal commands."
Atty's profile on firm's website = http://agnewbrusavich.com/attorneys/bruce-m-brusavich
California Rules of Civil Procedure prohibit frivolous claims.
Also from Professor's blog Nov 8 http://medicalfutility.blogspot.com/
".... "Specifically, CCP 128.7 provides that "every pleading . . . shall be signed by at least one attorney of record." And "by presenting to the court . . . an attorney . . . is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances . . . the allegations and other factual contentions have evidentiary support."
"The McMath family's First Amended Complaint is signed by a reputable and experienced attorney. If there were little or no basis to the claims of responsiveness, the attorney could be sanctioned."
(^link is to law firm's website)
California Rules of Civil Procedure prohibit frivolous claims.
Also from Professor's blog Nov 8 http://medicalfutility.blogspot.com/
".... "Specifically, CCP 128.7 provides that "every pleading . . . shall be signed by at least one attorney of record." And "by presenting to the court . . . an attorney . . . is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances . . . the allegations and other factual contentions have evidentiary support."
"The McMath family's First Amended Complaint is signed by a reputable and experienced attorney. If there were little or no basis to the claims of responsiveness, the attorney could be sanctioned."
(^link is to law firm's website)
This https://www.blogger.com/comment.g?blogID=165916407932834077&postID=4623712607899587509&bpli=1
is Professor Pope's response to a comment on his Nov 8 blog entry about amended complaint filed last week.
"This is not a PRESENTATION of evidence. It is only a statement of the evidence that they plan to present.
"Yes, the medical defendants will have a chance to cross-examine the family's expert. They will have the opportunity to examine Jahi with their own experts. Those are standard tools of "discovery" in civil litigation."
"November 8, 2015 at 6:45 AM"
is Professor Pope's response to a comment on his Nov 8 blog entry about amended complaint filed last week.
"This is not a PRESENTATION of evidence. It is only a statement of the evidence that they plan to present.
"Yes, the medical defendants will have a chance to cross-examine the family's expert. They will have the opportunity to examine Jahi with their own experts. Those are standard tools of "discovery" in civil litigation."
"November 8, 2015 at 6:45 AM"
A plain English explanation of the six steps.
"[today's blog entry] ....focus on only one part of the amended complaint: the set of allegations that Jahi is now alive.
"In the context of this lawsuit, whether Jahi is alive is relevant only to the value of the case. (Outside the context of this lawsuit, the implications are mammoth, if not monstrous.) The family's legal theory with the highest potential dollar value (perhaps $5 million to $8 million) requires that she is alive. This claim prays for past and future medical expenses. But such expenses are not recoverable unless Jahi is alive (and has been since December 2013). After all, corpses do not have any legitimate medical expenses.
Here are the next six steps:....
"4. The defendants will be entitled to take formal discovery from the plaintiffs. The plaintiffs have alleged that Jahi is alive. The defendants can: (a) ask for medical records, (b) make the family answer interrogatories, (c) take the deposition of the family's medical expert(s), and (d) hire an expert to personally examine Jahi...."
http://medicalfutility.blogspot.com/2015/11/next-6-steps-in-jahi-mcmath-case.html. Nov 9, 2015
A comment to this blog entry asks - what happens if Jahi's family refuses to allow defendants (hosp, doctors, et al) to examine Jahi. No answer yet from Prof Pope.
"[today's blog entry] ....focus on only one part of the amended complaint: the set of allegations that Jahi is now alive.
"In the context of this lawsuit, whether Jahi is alive is relevant only to the value of the case. (Outside the context of this lawsuit, the implications are mammoth, if not monstrous.) The family's legal theory with the highest potential dollar value (perhaps $5 million to $8 million) requires that she is alive. This claim prays for past and future medical expenses. But such expenses are not recoverable unless Jahi is alive (and has been since December 2013). After all, corpses do not have any legitimate medical expenses.
Here are the next six steps:....
"4. The defendants will be entitled to take formal discovery from the plaintiffs. The plaintiffs have alleged that Jahi is alive. The defendants can: (a) ask for medical records, (b) make the family answer interrogatories, (c) take the deposition of the family's medical expert(s), and (d) hire an expert to personally examine Jahi...."
http://medicalfutility.blogspot.com/2015/11/next-6-steps-in-jahi-mcmath-case.html. Nov 9, 2015
A comment to this blog entry asks - what happens if Jahi's family refuses to allow defendants (hosp, doctors, et al) to examine Jahi. No answer yet from Prof Pope.
Donjeta
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I wonder if they've had doctors examine Jahi lately. http://www.thaddeuspope.com/jahimcmath.html
On a quick browsing the amended document does not appear to have much that is new. It still refers to a lot of the same medical points of view that we already heard in 2014. Eg. the brain scans from 2014, her menstruation starting in August 2014 but not a word about how it's been lately, her breast development stage is dated December 2014.
Milton McMath is listed as a co-defendant but it's not clear why.
On a quick browsing the amended document does not appear to have much that is new. It still refers to a lot of the same medical points of view that we already heard in 2014. Eg. the brain scans from 2014, her menstruation starting in August 2014 but not a word about how it's been lately, her breast development stage is dated December 2014.
Milton McMath is listed as a co-defendant but it's not clear why.
snipped from http://medicalfutility.blogspot.com/ Dec 10, 2015 entry.
"Since March 2015, Jahi McMath's mother has been litigating a medical malpractice lawsuit.... The Alameda County Superior Court will hear the defendants' demurrers to her first amended complaint on January 8, 2016."
"Yesterday, Jahi McMath's father, Milton, filed a parallel lawsuit based on the same allegations. Oddly, he also includes allegations about Jahi being alive .... But unlike the mother's lawsuit, these are irrelevant and unnecessary to the father's claims for wrongful death and NIED."
More at link, including link to Father's petition.
"Since March 2015, Jahi McMath's mother has been litigating a medical malpractice lawsuit.... The Alameda County Superior Court will hear the defendants' demurrers to her first amended complaint on January 8, 2016."
"Yesterday, Jahi McMath's father, Milton, filed a parallel lawsuit based on the same allegations. Oddly, he also includes allegations about Jahi being alive .... But unlike the mother's lawsuit, these are irrelevant and unnecessary to the father's claims for wrongful death and NIED."
More at link, including link to Father's petition.
I'm a couple days behind in posting this from http://medicalfutility.blogspot.com/ Dec 12 entry.
No news or update there just a reminder re date.
Time flies!
No news or update there just a reminder re date.
Time flies!
Lawsuit finally filed requesting that Jahi be declared alive:
http://www.ktvu.com/news/61341674-story
http://www.ktvu.com/news/61341674-story
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