ArianeEmory
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K_Z, can you give us any insight on her claims about the neurologist's quote? I notice she doesn't name him.
I think the hearing is at 3:30 today. Here are more court documents posted on Medical Futility. Go to Courts Grant TROs to Families and all the 2016 documents are related to Israel Stinson.
http://thaddeuspope.com/endofliferesources/braindeath.html
Pope also posts on his blog:
http://medicalfutility.blogspot.com/2016/05/israel-stinson-brain-death-case-next.html
To assure federal jurisdiction, the family has now asserted a claim under EMTALA. They also challenge the California brain death statute as unconstitutional, since it affords no procedural due process mechanism for challenging the declaration of death.
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https://www.acep.org/News-Media-top-banner/EMTALA/
The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay, but since its enactment in 1986 has remained an unfunded mandate.
K_Z, can you give us any insight on her claims about the neurologist's quote? I notice she doesn't name him.
I'm quite familiar with EMTALA-- often called the anti-dumping "wallet biopsy" law. It provides for non-discrimination in treatment for emergency care and active labor.
<snipped for brevity>
According to court documents filed by Kaiser Permanente attorneys, Israel has been treated by three hospitals since April 1, when he was taken to a Mercy Hospital emergency room. Given his severe condition, he was transferred to UC Davis’ pediatric intensive care unit where he suffered a respiratory attack that led to cardiac arrest. UC Davis physicians declared him brain dead, but his parents chose to have him transferred to Kaiser Hospital in Roseville for a second opinion.
Kaiser followed California’s Uniform Determination of Death Act, part of national standards that determine brain death, based on separate examinations by two physicians, at least 12 hours apart in the case of children. Kaiser’s determination of brain death was upheld by a California Superior Court ruling last month.
The parents’ attorneys have gathered support from doctors and a religious professor in their case against Kaiser.
An expert witness for the family, pediatrician Dr. Paul Byrne, who flew in from Ohio for Wednesday’s hearing, said he has visited Israel several times in the hospital, including Tuesday night, and has seen him seemingly respond to his mother’s touch and voice.
Byrne represents the Life Guardian Foundation, a religious-based organization that believes life does not end when a person is still breathing. “Brain death is fake death,” he said Wednesday. “Israel is a living boy. He’s not dead.”
Byrne, who is not medically licensed in California, also consulted with the parents of Jahi McMath, the Oakland teenager who was declared brain dead in 2014 after cardiac arrest and complications from sleep apnea surgery.
After questioning attorneys on both sides for about an hour, Judge Kimberly Mueller said she would issue a ruling by the end of this week.
On Wednesday, Israel's parents pushed their challenge to the constitutionality of state law. Federal law, they argued, provides an exception for the religious belief that brain death does not exist.
According to the Uniform Determination of Death Act, an individual is dead when he or she "has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem."
That essentially means the brain, an extremely complex organ, no longer enables the organs to function.
Snyder said state law -- more than 40 years old -- fails to take into account the latest neurological research.
According to the Uniform Determination of Death Act, an individual is dead when he or she "has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem."
That essentially means the brain, an extremely complex organ, no longer enables the organs to function.
Snyder said state law -- more than 40 years old -- fails to take into account the latest neurological research.
BBM. Diabetes insipidis in a brain dead person does not cause "extreme thirst". Brain dead people do not sense "thirst", as they have no brain to process that. They do, however, lose massive amounts of fluids if their kidneys are functioning. DI in a brain dead person is vastly different than DI in a living person-- the 2 are not equivalent comparisons.
Patients with brain death all have "thyroid deficiency", as the release of thyroid hormone is signaled by the anterior pituitary in the brain, which is "dead" if the patient has brain death. Another example of the intentional framing of information to make it sound like legitimate medical conditions to be "treated". That's kind of like saying aysytole is an "abnormal heart rhythm"-- when it's actually the absence of any rhythm, and is nearly always a confirmation of death, not a rhythm to be treated.
Paul Byrne is not a "pediatrician"-- he's a neonatologist (NOT a neurologist or neurosurgeon) by training, practice, and certification. He is not qualified to be an expert in cases like this one, is not licensed in California, and was rejected by the California courts in the Jahi McMath case. He is more of a religious figure than a medical one-- he has spent many decades fighting against organ donation and brain death. Even the Catholic church, his church, has formally and officially disavowed Byrne's beliefs about brain death and organ donation.
https://www.catholicculture.org/culture/library/view.cfm?recnum=9719
The Catholic church's teachings on brain death and organ donation can be easily searched in a browser-- lots and lots of articles. Lots of writings by Paul Byrne, as well.
Some details from the hearing today. We find out Israel was first declared brain dead at UC Davis, the transfer to Kaiser was at the parents' request, Dr. Paul Byrne flew in specially for the hearing today, and the judge will make a determination by the end of the week.
Read more here: http://www.sacbee.com/news/local/article77114262.html#storylink=cpy
And the story is being picked up by the national news/ CNN International:
[video=cnn;health/2016/05/11/israel-stinson-brain-dead-family-alive.life-legal-defense-foundation]http://www.cnn.com/2016/05/12/health/california-israel-stinson-case/index.html[/video]
http://www.cnn.com/2016/05/12/health/california-israel-stinson-case/index.html
KZ, I thought he was saying he was treating Israel for those conditions prior to this asthma attack?
http://fox40.com/2016/05/12/battle-continues-over-toddler-on-life-support/
It's a point the hospital disputes, but his parents believe administrators are cloaking their real motivation.
"They talked about this from the beginning... donating his organs," said Silverlene Davis, Israel's Grandmother.
"It's all about organs. That's what they want. They even had somebody at our first court date there.. ready to take over my son and take his organs. The first...the second court date, but we fought it and we won and that's mainly what i believe it's all about," said Israel's father.
This goes beyond sad. Holding back on nutrician and fluids will cause one to die of starvation and dehydration. This is a PAINFULL DEATH. Something the Drs and insurance companies DO NOT want you to know.Very sad ):
http://fox40.com/2016/05/12/battle-continues-over-toddler-on-life-support/
It's a point the hospital disputes, but his parents believe administrators are cloaking their real motivation.
"They talked about this from the beginning... donating his organs," said Silverlene Davis, Israel's Grandmother.
"It's all about organs. That's what they want. They even had somebody at our first court date there.. ready to take over my son and take his organs. The first...the second court date, but we fought it and we won and that's mainly what i believe it's all about," said Israel's father.
http://fox40.com/2016/05/12/battle-continues-over-toddler-on-life-support/
It's a point the hospital disputes, but his parents believe administrators are cloaking their real motivation.
"They talked about this from the beginning... donating his organs," said Silverlene Davis, Israel's Grandmother.
"It's all about organs. That's what they want. They even had somebody at our first court date there.. ready to take over my son and take his organs. The first...the second court date, but we fought it and we won and that's mainly what i believe it's all about," said Israel's father.
Unfortunately, minority groups also suffer from disparities in deceased and living donation. African-Americans comprise 12.9% of the population and 34% of the kidney transplant waiting list but only 13.8% of deceased donors. Barriers to minority deceased donation include: decreased awareness of transplantation, religious or cultural distrust of the medical community, fear of medical abandonment and fear of racism. Furthermore, African-Americans comprise only 11.8% of living donors. Barriers to minority living donation include: unwillingness to donate, medical comorbid conditions, trust or fear of medical community, loss to follow-up, poor coping mechanisms, financial concerns, reluctance to ask family members and friends, fear of surgery, and lack of awareness about living donor kidney transplantation.
This makes me question their mental well-being--borderline paranoia.