Family wants to keep life support for girl brain dead after tonsil surgery #5

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IrishMom said:
It's at the very top of his twitter page where his pictures are! I don't know how to do a screenshot on here (newbie) but here is the link... https://twitter.com/_iamOMARI
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On the twitter it shows Omari and someone else in front of microphones. They are seated in front of a brick wall with what look like posters or signs. Does anyone know where this is?
 
Hola folks --- having my second :coffeecup: and feeling happy today. Let's make it last. Oh, wait, there's the uncle. PFFFT.
 
Isabelle said:
On the twitter it shows Omari and someone else in front of microphones. They are seated in front of a brick wall with what look like posters or signs. Does anyone know where this is?
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On the posters there are pictures of wind turbines. While not a specific area, these are the primary areas in Ca.

Wind power in California - Wikipedia, the free encyclopedia

Historically, most of California's wind power output has been in three primary regions: Altamont Pass Wind Farm (east of San Francisco); Tehachapi Pass Wind Farm (south east of Bakersfield) and San Gorgonio Pass Wind Farm (near Palm Springs, east of Los Angeles).[3] A fourth area, the Montezuma Hills of Solano County, was developed in 2005–2009, with the large Shiloh Wind Power Plant.
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Isabelle said:
On the twitter it shows Omari and someone else in front of microphones. They are seated in front of a brick wall with what look like posters or signs. Does anyone know where this is?
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His office. Or at least I assume it is, since he announced the presser yesterday as being at his office. Dolan's office that is.

Yesterday's tweet about the PC...

Christopher Dolan ‏@cbdlaw 22h
Press conference Dolan law firm 1438 Market St., San Francisco. Jahi is free! Jahi is free! She is safely out of Children's
 
Isabelle said:
On the twitter it shows Omari and someone else in front of microphones. They are seated in front of a brick wall with what look like posters or signs. Does anyone know where this is?
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I think that is the lawyers office. OS had tweeted that the press conference or announcement would be at his lawyers office. It's about time they stopped using the hospital as their press conference location. I am so glad the hospital is free of this trainwreck and their publicity seeking shenanigans.
 
Jahi is a very sweet girl. She was very shy, and she smiled all the time. I can still see her smile. I'm just still praying that one day I'll be able to see her smile again," said Sealey, while holding back mounting tears. "She is everybody's favorite. She just had one of those personalities that when you meet her, you just kind of gravitated towards her."
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http://piersmorgan.blogs.cnn.com/20...ll-be-able-to-see-her-smile-again/?hpt=pm_mid

Didn't he just see her smile the other day?
 
Herat said:
I'm just gonna guess there is no way in hello that UCSF has anything to do with her or her family.

HELLO NO.
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You stole my mind. I can't see ANY university hospital taking a dead body in for treatment. No Sir, we haz ethicz.
 
Herat said:
I have a legal question for those legally-educated.

Dolan is a personal-injury attorney. He's the guy with the biggest ad on the back page of the phone book. Usually, these guys are pretty penny-ante. They thrive on out-of-court settlements with insurance companies for fairly modest amounts for all sorts of injuries claimed and perceived by the plaintiff. It's a stupid game and everyone knows what goes on.

This case seems to be way out of his league. He may be in it for the massive publicity, which will guarantee a very nice living in the future with many more of the penny-ante personal injury lawsuits. He is also likely in it to further fund lobbying for reversal of the $250K malpractice cap.

Various legal sources have been mentioned here that seem to think his Violation of Privacy / Religous Rights etc will not prevail.

1. I believe that suit was already filed and was at least part of what went on with the Federal Court magistrate on Jan 3. Am I correct in this?

2. As this would seem to be premature to me, as the death certificate has not been filed, nor has any investigation revealed the exact method and means of death. - can he file amendements to that suit already recorded?

3. He said he would not pursue malpractice (because it's "chump change" according to Uncle), so I assume he will go for wrongful death-type suit. My guess is that if he does this, there will be a "settlement of undisclosed terms" and that the family will receive far, far less than the $30 million floated out there.

4. In a settlement, the money is awarded to plaintiffs. I assume that would be the mother, and possibly grandmother, and/ or father. Do the plaintiffs need to be specifically identified, or can a "family" be the plaintiff. I'm wondering how much legal standing Uncle Omari even has in this. Any info?
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I think the January 3rd issue was just a settlement conference and wouldn't have really gone over the merits of the case. It was an attempt to settle without further court intervention. So those issues may still be up in the air

Whether this is malpractice or wrongful death is going to be interesting. Generally malpractice is for an injury with damages and is brought BY the injured although of course it could be brought on behalf of someone incompetent by something like age or mental defect, and if the person dies during the suit a family can usually continue it. Wrongful death is brought by the family, and I think in California the statute is going to limit it to parents, iirc. But of course they're free to share proceeds. Omari isn't going to be a direct beneficiary. I don't believe anyway - please verify this!

They WANT to bring malpractice and use for the damages, but will a court let them where there's a death certificate? That's going to have to unfold. My opinion is no, but that's likely why there are the federal questions of privacy and religion in order to try to call 7180 unconstitutional so that the wrongful death suit isn't the only option. All IIRC and IMO.
 
Softail said:
:yes: I specifically recall him saying at the PC yesterday, that she smiled as she left.

I guess he misconstrued that. :rolleyes:
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I hope the caregivers at the "facility" she is at are more ethical and will not play this morbid game that Uncle O is.
 
Jahi McMath: Family says brain-dead teen's body may be too deteriorated to save

By Lisa M. Krieger and David DeBolt lkrieger@mercurynews.com

A day after winning the three-week battle to take their brain-dead daughter from Children's Hospital Oakland, the family of Jahi McMath conceded Monday they are losing the ghastly war against nature.

Her body, checked in at an undisclosed care facility Monday morning, has deteriorated so badly, that "Right now, we don't know if she's going to make it," said attorney Christopher Dolan.

"She's in very bad shape," he said. "What I can tell you is that those examinations show that her medical condition, separate from the brain issue, is not good."

http://www.insidebayarea.com/news/ci_24857784/jahi-mcmath-brain-dead-teens-body-may-be
 
Herat said:
I have a legal question for those legally-educated.

Dolan is a personal-injury attorney. He's the guy with the biggest ad on the back page of the phone book. Usually, these guys are pretty penny-ante. They thrive on out-of-court settlements with insurance companies for fairly modest amounts for all sorts of injuries claimed and perceived by the plaintiff. It's a stupid game and everyone knows what goes on.

This case seems to be way out of his league. He may be in it for the massive publicity, which will guarantee a very nice living in the future with many more of the penny-ante personal injury lawsuits. He is also likely in it to further fund lobbying for reversal of the $250K malpractice cap.

Various legal sources have been mentioned here that seem to think his Violation of Privacy / Religous Rights etc will not prevail.

1. I believe that suit was already filed and was at least part of what went on with the Federal Court magistrate on Jan 3. Am I correct in this?

2. As this would seem to be premature to me, as the death certificate has not been filed, nor has any investigation revealed the exact method and means of death. - can he file amendements to that suit already recorded?

3. He said he would not pursue malpractice (because it's "chump change" according to Uncle), so I assume he will go for wrongful death-type suit. My guess is that if he does this, there will be a "settlement of undisclosed terms" and that the family will receive far, far less than the $30 million floated out there.

4. In a settlement, the money is awarded to plaintiffs. I assume that would be the mother, and possibly grandmother, and/ or father. Do the plaintiffs need to be specifically identified, or can a "family" be the plaintiff. I'm wondering how much legal standing Uncle Omari even has in this. Any info?
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Just my :twocents: as a layperson, fwiw, since I'm not sure any of the lawyers are following or commenting on this thread:

1. I think what was filed in Federal Court was another Petition for TRO. If you have access to that pleading, you can easily tell by reading the title of the document. If its just says Complaint, then it's a complaint. A petition for a TRO would be called that, or similar, and it would seek emergency relief and would be worded that way. The Federal Court case, as I understand it, has nothing to do with the malpractice aspect. It's strictly about the constitutional issues -- such as they are. I know Dolan said he felt that the hearing today might go forward on those issues still. But I think I read the hearing was cancelled.

2. imo, the death certificate isn't necessary to the constitutional issues suit since the question is who gets to decide to stop the vent and, presumably, whether the statute saying she's dead due to brain death is constitutional.

3. I didn't hear him say he wouldn't pursue the medmal case, I just heard that he wouldn't personally handle it. That doesn't mean he won't refer it out and get a part of the recovery, imo. You can file a med mal suit and convert it to a wrongful death suit once the person dies (to his satisfaction in this case). That said, the family has a while to file such a suit and they will likely negotiate in the meantime. If they can settle w/o a lawsuit, they will, imo, since the med mal suit (unlike the Fed Ct. case) won't be setting any precedent.

4. The family cannot generically be the plaintiff. Each party is named individually, even if they are represented by a guardian (her sibs, for example). Afaik, the uncle has no direct interest in the recovery. That should only be immediate family members. I've personally never seen a non-immediate family member claim loss of consortium damages. To be honest, though, I couldn't swear it's not possible w/o asking someone who knows better or looking it up. If I have a chance to do that today, I will.

all jmo
 
Karmady said:
The family cannot generically be the plaintiff. Each party is named individually, even if they are represented by a guardian (her sibs, for example). Afaik, the uncle has no direct interest in the recovery. That should only be immediate family members.
all jmo
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Heheheh

Can I just say this warms the cockles of my black evil heart!
 
Are there any medical types reading here who have any knowledge of, or an opinion of, the reasons why Jahi had to undergo such a complex surgery All at Once?
Many have opined that she was a high-risk patient because of her weight and other issues, and it seems likely that she did need all of the procedures. But wouldn't it have been safer for her to undergo the surgeries separately?
My toddler nephew has just had his adenoids removed after a tonsillectomy about a year ago, so I know that these things don't always have to be done at one time. Surely her chances would have been better if it hadn't been such a complex set of operations.
 
I pray that today is the day that NW realizes that Jahi is gone and that it's time for a proper funeral.
 
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