Jahi’s family wants her declared 'alive again’

[K_Z]

I will see if I can post the motion filed today (Motion to Continue Hearing to Present Additional Evidence) in a little while. In the mean time, here is a list of the register of actions starting from Sept 30, when Dolan and Children's Hospital filed their memorandum and response.

https://publicrecords.alameda.courts.ca.gov/PRS/Case/CaseDetails/UlAxMzcwNzU5OA==

10/8/2014 Objection \Petitioner's Objection to the Appoinment of Dr. Paul Fischer as Court Appointed Expert Fi
10/8/2014 Motion to Continue Hearing Confirmed for 10/09/2014 09:00 AM D- 31
10/8/2014 Motion to Continue Hearing to Present Additional Evidence, etc. 6 $5.50
10/8/2014 Continuance of Hearing Reservation Set for dept: 31 date: 10/09/2014 time: 09:00 AM
10/6/2014 Order Granting Order Appointing Dr. Paul FIsher as Court Expert Witness Filed
10/6/2014 Declaration of Philip Defina, Ph.D., In Support of Plaintiff's Writ of Error Coram Nobis, etc. Filed
10/6/2014 Declaration of Calixto Machado, M.D., PhD, In Support of Plaintiff's Writ of Error Coram Nobis , etc
10/3/2014 Miscellaneous Writ Of Error Corum Nobis & Memorandum Filed
10/3/2014 Declaration of Charles J.Pretigiacomo,M.D Filed
10/3/2014 Declaration of Elena B. Labkovsky, PH.D Filed
10/3/2014 Declaration of Calixto Machado, M.D. Filed
10/3/2014 Declaration Of Philip De Fina, Ph.D Filed
10/1/2014 Order Granting Re: Following Case Management Confernece Filed
9/30/2014 Hearing Reset to Motion 10/09/2014 09:00 AM D- 31
9/30/2014 Probate Hearing Commenced and Completed
9/30/2014 Motion Reservation Set for dept: 31 date: 10/09/2014 time: 01:30 PM
9/30/2014 Brief re: Finality of Court's Judgment Filed
9/30/2014 Miscellaneous Memorandum Re: Court's Jurisdiction to Hear Petition for Determination that Jahi McMat
9/30/2014 Probate 09/30/2014 01:30 PM D- 31

**Thank you , TJL, for tracking this down! I don't know what I was doing wrong yesterday, but could not find the case at all on this site, under name or case number.

Hmmmm......and where is the entry for the declaration of Dr. D. Alan Shewmon??

 

[i.b.nora]

It would be hard to be any more mainstream than the 'insidebayarea' news group.

It is an amalgan of 38 Bay Area news publications. The oldest and most prominent being The Oakland Tribune, The Contra Costa Times, The San Jose Mercury News, and The Marin Independent Journal.

They published images supplied by the family and by attorney Christopher Dolan.

 

[TJL]

I will see if I can post the motion filed today (Motion to Continue Hearing to Present Additional Evidence) in a little while. In the mean time, here is a list of the register of actions starting from Sept 30, when Dolan and Children's Hospital filed their memorandum and response.

https://publicrecords.alameda.courts.ca.gov/PRS/Case/CaseDetails/UlAxMzcwNzU5OA==

10/8/2014 Objection \Petitioner's Objection to the Appoinment of Dr. Paul Fischer as Court Appointed Expert Fi
10/8/2014 Motion to Continue Hearing Confirmed for 10/09/2014 09:00 AM D- 31

You're welcome! Hey, take a look again, hot off the presses!


Dolan just requested (and was granted) withdrawal of his writ of error corum nobis. (Meaning, this ain't going to court. It's done.)

Next...he just issued a press release here https://www.dropbox.com/s/nacvrwtpa5w6jqv/McMath_Linked_File.pdf?dl=0

Scroll down to page 3, and read this statement: Dolan said “We would like to take this out of the arena of adversarial proceedings and
into an area of open dialogue and discussion between health care professionals. I’m a lawyer, not
a doctor, it would be nice if the doctors could work as doctors without lawyers involved.”

In other words, he wants to take this case out of the courts and just have it debated in public between the doctors involved. Throwing his hands up in defeat, essentially Star Trek style, "Dammit, Jim! I'm a lawyer, not a doctor!"

 

[Hiandmighty]

It's really hard to argue with a decomposing body (photos at Facebook page Team Jahi: a family in denial) and a non-working brain.

 

[K_Z]

You're welcome! Hey, take a look again, hot off the presses!

View attachment 60862
Dolan just requested (and was granted) withdrawal of his writ of error corum nobis. (Meaning, this ain't going to court. It's done.)

Next...he just issued a press release here https://www.dropbox.com/s/nacvrwtpa5w6jqv/McMath_Linked_File.pdf?dl=0

Scroll down to page 3, and read this statement: Dolan said “We would like to take this out of the arena of adversarial proceedings and
into an area of open dialogue and discussion between health care professionals. I’m a lawyer, not
a doctor, it would be nice if the doctors could work as doctors without lawyers involved.”

In other words, he wants to take this case out of the courts and just have it debated in public between the doctors involved. Throwing his hands up in defeat, essentially Star Trek style, "Dammit, Jim! I'm a lawyer, not a doctor!"

Omg. Now I have to wonder if Dolan planned this as a publicity stunt from the very beginning.

Beam me up, Scotty.

ETA: Dolan spelled the Judge's name wrong in the press release, lol! Not good form!

 

[al66pine]

Omg. Now I have to wonder if Dolan planned this as a publicity stunt from the very beginning.
Beam me up, Scotty.
ETA: Dolan spelled the Judge's name wrong in the press release, lol! Not good form!

bbm

Maybe faux-pas w judge's name will be lost in vast ocean w Dolan's flotsam and jetsam
of other spelling stumbles, grammar goofs, tense trip-ups,
__ (who's CV instead of whose CV, can't remember term for this type of blunder), etc., etc., etc.

W my blue pencil worn down to a stub, putting it away for now.

 

[al66pine]

View attachment 60862
Dolan just requested (and was granted) withdrawal of his writ of error corum nobis. (Meaning, this ain't going to court. It's done.)
Next...he just issued a press release here https://www.dropbox.com/s/nacvrwtpa5w6jqv/McMath_Linked_File.pdf?dl=0...
"

sbm bbm

Thanks, TJL, for digging this up & linking. Welcome to W/S.

Paragraph two of Dolan's linked media release notes Dr. Machado
"is international [sic] recognized as Board Certified expert on brain death."
Is 'brain death' a board certified specialty?

Thx in adv to our med professionals.

ETA: Answering my own ^question^ appears, no such specialty,
per http://www.certificationmatters.org/abms-member-boards.aspx

 

[SwampMama]

TJL.

Welcome to WS!! :welcome: Thanks so much for all of that info. That press release was interesting and Fischer's response to the "She's alive!" claims shut that down quickly and was awesome.

I had kinda figured this was just a publicity stunt really. They don't want to go into a court of law when they know she is dead and have so much to lose. It is much better for them to try their case on the internet with their gullible followers and those who are ignorant of the realities of brain death. Their donations have sharply declined as criticism has risen so they need to get back into the news again. Oh, and Dolan has his agenda with the proposition he needs passed so he can make more money when suing doctors.

 

[al66pine]

A few things that caught my attention, page 133 et seq. of Dolan's linked Oct 6(?) media release, Dr Machado's declaration.
Paragraph
6.
He was asked by DeFina of IBRF to review EEG and MRI studies, provided to him anonymously, and
was asked whether she was brain dead.
7.
"....I was unable to make a clinical examination of this case, because I don't have the US license medical license [sic].'' bbm
8.
"I only worked a volunteer IBRF international expert consultant, examining confirmatory tests of the patient.". bbm
9.
States he was not involved in initial tests for Jahi, has not seen data from pre-Jan 2014.
10.
He "reviewed and confirmed that the EEG undertaken by Elena Labkovshp [sic] Ph.D. was performed in accordance with..."
Does not say he was present or observed. Would dr normally be present, in anticipation of being called as witness?
11.
He comments re EEG data.
Other paragraphs
He comments re MRI
19.
His opinion that Jahi does not fulfill the brain death and she is not brain dead.

20.
Comments about seeing videos 'showing movement.' Not say he has personally seen Jahi's movements.
21.
Comments about being informed Jahi entered menarche;
he conducted PubMed lit search, did not find any report of menarche appearance in a brain-dead case.

More info in his declaration, way more than I can hope or dream of interpreting.

 

[Zuri]

This article states Jahi is not in the NJ hospital ICU any more, but being cared for in a private home.



http://www.sfgate.com/bayarea/article/Videos-show-Mom-coaxing-Jahi-McMath-moving-5797622.php

According to the lead in picture in this article, Jahi had an MRI 9-26-14, if that is her image in the picture.

Interesting that the room featured in the video looks just like a hospital room, not a room in a private home.
IMO

 

[K_Z]

sbm bbm

Thanks, TJL, for digging this up & linking. Welcome to W/S.

Paragraph two of Dolan's linked media release notes Dr. Machado
"is international [sic] recognized as Board Certified expert on brain death."
Is 'brain death' a board certified specialty?

Thx in adv to our med professionals.

Well, al66pine, I had to LOL at the board certification for brain death! I'm not aware of any board certification for brain death here in the U.S. But there are some board certified specialties that might qualify as brain dead, lol! <------Sarcasm

More likely, it's another description mistake by Attorney Dolan, who was trying to think up new and better ways to describe his team of experts. (Like bullets for a performance report.....) A better way to say that would have been "expert is Board Certified in XYZ, COMMA, and is internationally recognized as an expert in brain death." (IMO, of course.)

(However, there IS a series of anesthesia board review books named "Board Stiff", lol! At least 3 volumes, lol!)

http://www.amazon.com/Preparing-Ane...8&qid=1412824181&sr=8-22&keywords=board+stiff

Whoooeee... that press release and the declarations are something else, all right! Have we all been punkd by Dolan? Was this all just a fishing expedition? Because with all the bluster, and fury, and arrogance, and indignation of the past week, it is hard for me to believe that Dr. Paul Fischer's written response was not anticipated, and just made Dolan want to jump off the virtual ledge.

It's like Fischer filed his response, and Dolan just threw up his hands and said "Ok, UNCLE! We need a LOT of time to talk about THIS. And I'm an attorney, not a doctor! I gotta make that hearing tomorrow just go away fast! Release the Kraken!"

That's not how a defense attorney rolls, usually. Because surely he knew this wasn't just going to sail thru the courts in his favor. So what's the angle here?

 

[K_Z]

Interesting that the room featured in the video looks just like a hospital room, not a room in a private home.
IMO

The "foot moving" video was from May 2014, when she was still in the St.Peter hospital. Not sure why they couldn't provide a more recent video. The EEG pics are taken in the private home, referred to in Dr. Fischer's response to the court.

 

[Herat]

Dolan writes: "it would be nice if the doctors could work as doctors without lawyers involved"

The physicians so badly maligned and harassed by this family and their lawyer will probably have skywriters posting this over the skies of the US.

 

[K_Z]

Al66pine wrote:

21.
Comments about being informed Jahi entered menarche;
he conducted PubMed lit search, did not find any report of menarche appearance in a brain-dead case.

And so a follow up question would be, how many brain dead female adolescents, at the brink of menarche at the time of brain death, who experienced prolonged somatic support, have been reviewed and documented in the literature?

And follow that up with, how many cases of children with severe brain damage have experienced precocious puberty?

http://www.jpeds.com/article/S0022-3476(87)80497-3/abstract

And follow that up with questions about patient TK, the 4 yo boy who lived another 20years after brain death, and developed some secondary sex characteristics, with no brain structure at all.

.

"....I was unable to make a clinical examination of this case, because I don't have the US license medical license [sic].'' bbm

I'm wondering how a physician without a U.S medical license in any state can be certified as an expert physician in Alameda County court, or California state court??? Is that possible?

 

[jaxibear]

I wonder if this was an attempt to rally public support. I have already heard comments about the miraculous recovery from some of my family and friends. I think a lot of people would hear about the videos and the MRI and assume that Jahi has recovered.

The whole thing just makes me so sad.

 

[Zuri]

The "foot moving" video was from May 2014, when she was still in the St.Peter hospital. Not sure why they couldn't provide a more recent video. The EEG pics are taken in the private home, referred to in Dr. Fischer's response to the court.

Thanks KZ. I watched the video of her moving her hand. As the camera zoomed out, you could see Jahi was choking/coughing, typical of what trach patients do. Did you or anyone else notice that?

This is just so bizarre and not to be believed. JMV

 

[ontheclock]

This case reminds me of a serious discussion we had in "Philosophy 101". Sorry to go off topic.

 

[Zuri]

The pic of Jahi's brain was stunning from a medical POV. I could not get over how the brain had deteriorated, especially when compared to a normal brain.

Thank you all for posting the updates and for all the excellent explanations. I have learned a lot.

 

[K_Z]

Thanks KZ. I watched the video of her moving her hand. As the camera zoomed out, you could see Jahi was choking/coughing, typical of what trach patients do. Did you or anyone else notice that?

This is just so bizarre and not to be believed. JMV

I didn't interpret the spasmodic movements after the cup fell to be choking or coughing. Someone with that degree of brain death/ damage will not have a cough reflex at all (or a gag, which is mediated higher than the placement of a trach). It just looks to me like a bigger random spasmodic movement. We have no idea how often Jahi's body makes these random spasmodic movements normally.

If she was attempting to cough, I'd think Dolan would sing it from the rooftops!

 

[SwampMama]

The angle is publicity. Dolan needed Jahi's case back in the news to get people to pay attention him and his proposition. he knew he wasn't going to win but he hoped to play on people's sympathy and bring attention to his cause - proposition 46. Unfortunately for him, this proposition contains measure to create the FIRST law in the US to require the random drug testing of physicians. That might be troublesome for him, lol, considering it would be the FIRST state to do so

It also requires health care practitioners to consult the state prescription drug history database before prescribing certain controlled substances which would be very burdensome for them and could cause more issues with trying to enforce it. I don't think health professionals or people in the health industry will like it the burden it puts on them not to mention the liability if they somehow miss something because a patient was using various alias or something pull a scam.

California Proposition 46, the Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative, is on the November 4, 2014, ballot in California as an initiated state statute.

If approved by voters, the initiative will:[1]

Increase the state's cap on non-economic damages that can be assessed in medical negligence lawsuits to over $1 million from the current cap of $250,000.
Require drug and alcohol testing of doctors and reporting of positive tests to the California Medical Board.
Require the California Medical Board to suspend doctors pending investigation of positive tests and take disciplinary action if the doctor was found impaired while on duty.
Require health care practitioners to report any doctor suspected of drug or alcohol impairment or medical negligence.
Require health care practitioners to consult the state prescription drug history database before prescribing certain controlled substances.

(http://ballotpedia.org/California_P...wsuits_Cap_and_Drug_Testing_of_Doctors_(2014))

For jahi's family all this was about was publicity also. A chance to be in the spotlight again, a chance to assert again that Jahi is alive. They are still in denial and probably never will accept it because they won't ever want to admit that CHO and 6 experts were right about Jahi being brain dead.

I wonder if Dolan will drop the family after his proposition goes to vote, especially if it fails. By then he will know that any medical negligence lawsuit will only produce "chump change" (as Uncle O says). He won't need them as a prop to pose with for publicity for his proposition. He knows his "She's alive" lawsuit has NO chance of winning and won't garner him any money. He is in a different state than they are now anyway.

Welp, this ought to be interesting.