^ article dated Dec 23 describes petition filed in federal court.
Link below has Dec 22 "Press Advisory" issued on Dolan Law Firm letterhead re filing in fed ct.
http://medicalfutility.blogspot.com/
A few interesting comments.
Jahi McMath: Media links only ***NO DISCUSSION***
- Thread starter Harmony 2
- Start date
^ article dated Dec 23 describes petition filed in federal court.
Link below has Dec 22 "Press Advisory" issued on Dolan Law Firm letterhead re filing in fed ct.
http://medicalfutility.blogspot.com/
A few interesting comments.
This was on the local news yesterday.
Here is an MSM article.
http://www.cbsnews.com/news/family-continues-legal-battle-to-have-brain-dead-girl-declared-alive/
Here is an MSM article.
http://www.cbsnews.com/news/family-continues-legal-battle-to-have-brain-dead-girl-declared-alive/
Wyle_E_Coyote
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in Fed Civil Rights Lawsuit against St of CA.
Atty Dolan's Sept 1, 2015 letter* requested Coroner and/or Pubic Health Dept
"rescind, revise, change, or invalidate" death cert issued for Jahi Jan 3, 2014. bbm
Excerpts from Alameda County Counsel's Oct 9, 2015 response letter:*
"...After reviewing the legal materials..." refers to the 90 pages of Dolan's request, said Coroner & PHD "... find no basis to make any changes to and/or nullify or rescind..." and said nothing in Dolan's materials shows that D/C was improperly issued. Noted Jan 17, 2014 judge issued judgment finding Jahi to be brain dead and Dolan's fruitless challenges to ^ judgment.
Concluded still no basis to change, rescind D/C, etc. Extends sympathy to family, etc.
Irony of Dolan's current position re D/C is buried in County Counsel letter's footnote:
"It should be noted that the death certificate for Ms McMath was issued after you, Mr Dolan, on behalf of the McMath family, requested that the Coroner issue the death certificate following the December 26, 2013order by the Court finding that Ms McMath was brain dead in accordance with the California Health and Safety Code sections 7180, 7181." bbm
___________________________________________________________
* ^ from Appendix 8, submitted Dec 23 2015, includes Dolan's earlier communications back & forth w doctor named on death cert & county officials, federal civil rights lawsuit against St of CA. http://thaddeuspope.com/images/15-12-23-1-8-Exhibit-to-Complaint_death_cert_lts_new_decls.pdf. County Counsel's letter is Exhibit L, pages 14 & 15.
http://thaddeuspope.com/jahimcmath.html has links to ct-filed doc's in the Jahi-related cases.
"A foolish consistency is the hobgoblin of little minds." Is Dolan a fan of R.W. Emerson?
Atty Dolan's Sept 1, 2015 letter* requested Coroner and/or Pubic Health Dept
"rescind, revise, change, or invalidate" death cert issued for Jahi Jan 3, 2014. bbm
Excerpts from Alameda County Counsel's Oct 9, 2015 response letter:*
"...After reviewing the legal materials..." refers to the 90 pages of Dolan's request, said Coroner & PHD "... find no basis to make any changes to and/or nullify or rescind..." and said nothing in Dolan's materials shows that D/C was improperly issued. Noted Jan 17, 2014 judge issued judgment finding Jahi to be brain dead and Dolan's fruitless challenges to ^ judgment.
Concluded still no basis to change, rescind D/C, etc. Extends sympathy to family, etc.
Irony of Dolan's current position re D/C is buried in County Counsel letter's footnote:
"It should be noted that the death certificate for Ms McMath was issued after you, Mr Dolan, on behalf of the McMath family, requested that the Coroner issue the death certificate following the December 26, 2013order by the Court finding that Ms McMath was brain dead in accordance with the California Health and Safety Code sections 7180, 7181." bbm
___________________________________________________________
* ^ from Appendix 8, submitted Dec 23 2015, includes Dolan's earlier communications back & forth w doctor named on death cert & county officials, federal civil rights lawsuit against St of CA. http://thaddeuspope.com/images/15-12-23-1-8-Exhibit-to-Complaint_death_cert_lts_new_decls.pdf. County Counsel's letter is Exhibit L, pages 14 & 15.
http://thaddeuspope.com/jahimcmath.html has links to ct-filed doc's in the Jahi-related cases.
"A foolish consistency is the hobgoblin of little minds." Is Dolan a fan of R.W. Emerson?
Fri Jan 8, re Medical Malpractice Case by Mother, in Alameda Superior Ct:
"Today was the hearing on the defendants' demurrer to the McMath family's first amended complaint. Judge Freedman issued a tentative ruling about an hour before the hearing."
"This tentative ruling like Judge Freedman's ruling on the defendants' original demurrer, strongly supports the plaintiffs' right to have an opportunity to prove that Jahi is alive. He concludes that they should have this right notwithstanding prior determinations of death. Indeed, the judge apparently even said "I don't know the state of cryogenics today, but maybe people can come back."
Hearing is continued to Jan 29.
^ from http://medicalfutility.blogspot.com/ Jan 8 entry.
Judge's "tentative ruling"= http://thaddeuspope.com/images/This_Tentative_Ruling_01-08-16.pdf
"Today was the hearing on the defendants' demurrer to the McMath family's first amended complaint. Judge Freedman issued a tentative ruling about an hour before the hearing."
"This tentative ruling like Judge Freedman's ruling on the defendants' original demurrer, strongly supports the plaintiffs' right to have an opportunity to prove that Jahi is alive. He concludes that they should have this right notwithstanding prior determinations of death. Indeed, the judge apparently even said "I don't know the state of cryogenics today, but maybe people can come back."
Hearing is continued to Jan 29.
^ from http://medicalfutility.blogspot.com/ Jan 8 entry.
Judge's "tentative ruling"= http://thaddeuspope.com/images/This_Tentative_Ruling_01-08-16.pdf
Donjeta
Adji Desir, missing from Florida
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http://www.nj.com/somerset/index.ssf/2016/01/family_of_brain_dead_girl_sue_to_change_death_cert.html
Dr. Alieta Eck, McMath's primary care physician from Franklin Township and a former candidate for Congress, was among five medical professionals to sign affidavits saying McMath did not meet the threshold for brain death, the lawsuit says.
Dr. Alieta Eck, McMath's primary care physician from Franklin Township and a former candidate for Congress, was among five medical professionals to sign affidavits saying McMath did not meet the threshold for brain death, the lawsuit says.
Hiandmighty
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Thaddeus Mason Pope, JD, PhD http://medicalfutility.blogspot.com/ Jan 24 entry
"On January 8, the Alameda County Superior Court issued a tentative ruling that would again deny the defendants' demurrers. This ruling would again allow the family of Jahi McMath the opportunity to prove that she is now alive.
The next hearing on the defendants' demurrers to the amended complaint is Friday, January 29, 2016.
In preparation for this hearing, both defendants have just filed supplemental briefs in support of their demurrers. The McMath family will file an opposing brief by Wednesday.
In their new briefs, the defendants argue that Judge Grillo (from the 2013 and 2014 cases) retains jurisdiction over the life-death question. Moreover, Judge Freedman (in the instant case), the defendants argue, cannot interfere with judgments that Judge Grillo already made."
"On January 8, the Alameda County Superior Court issued a tentative ruling that would again deny the defendants' demurrers. This ruling would again allow the family of Jahi McMath the opportunity to prove that she is now alive.
The next hearing on the defendants' demurrers to the amended complaint is Friday, January 29, 2016.
In preparation for this hearing, both defendants have just filed supplemental briefs in support of their demurrers. The McMath family will file an opposing brief by Wednesday.
In their new briefs, the defendants argue that Judge Grillo (from the 2013 and 2014 cases) retains jurisdiction over the life-death question. Moreover, Judge Freedman (in the instant case), the defendants argue, cannot interfere with judgments that Judge Grillo already made."
Thaddeus Mason Pope, JD, PhD http://medicalfutility.blogspot.com/ Jan 27 entry
"....this Alabama personal injury law firm is advertising for cases in which hospitals incorrectly declare brain death.
"If you have been involved in a situation in which you believe the brain death of a loved one was incorrectly determined, contact us at (877) 336-0776 to speak with an Alabama medical negligence attorney. We offer a free initial case review to all new clients."
"Malpractice occurs when a medical professional acts in a negligent or unprofessional way. In extreme cases, malpractice can lead to wrongful death, especially in the case of incorrectly declaring brain death. There have been several examples over the years of hospitals incorrectly identifying a patient as 'brain-dead' when there is still some activity."
"Generally, a patient is classified brain-dead after being studied by a neurologist but, this is a tricky situation as the term and policies vary from hospital to hospital. Only 33% of hospitals require a neurologist to be present, and most policies dont even mention who on the staff is required to make this very important judgment. Recent studies have found that most policies regarding brain death are highly inconsistent."
"While new policies are being put into place, incorrectly declaring brain death still occurs all too often and is, not only traumatic for the family, but puts the hospital at risk for a malpractice suit."
"....this Alabama personal injury law firm is advertising for cases in which hospitals incorrectly declare brain death.
"If you have been involved in a situation in which you believe the brain death of a loved one was incorrectly determined, contact us at (877) 336-0776 to speak with an Alabama medical negligence attorney. We offer a free initial case review to all new clients."
"Malpractice occurs when a medical professional acts in a negligent or unprofessional way. In extreme cases, malpractice can lead to wrongful death, especially in the case of incorrectly declaring brain death. There have been several examples over the years of hospitals incorrectly identifying a patient as 'brain-dead' when there is still some activity."
"Generally, a patient is classified brain-dead after being studied by a neurologist but, this is a tricky situation as the term and policies vary from hospital to hospital. Only 33% of hospitals require a neurologist to be present, and most policies dont even mention who on the staff is required to make this very important judgment. Recent studies have found that most policies regarding brain death are highly inconsistent."
"While new policies are being put into place, incorrectly declaring brain death still occurs all too often and is, not only traumatic for the family, but puts the hospital at risk for a malpractice suit."
"On Friday, January 29, the Alameda County Superior Court held a brief hearing on the medical defendants' demurrers to the McMath family's first amended medical malpractice complaint.
As he indicated in prior rulings on similar motions, Judge Freedman said that he is disinclined to agree with defense on the collateral estoppel issue "at this point." He took the matter under advisement and will issue his ruling shortly. Perhaps foreseeing that their demurrers probably will be denied, the defendants filed requests for certification for appeal.
Again, all the briefing at this stage is wholly procedural. The question is whether the McMath family may even ( at all) litigate the life/death question given that they already had the opportunity to litigate that before other judges in January 2014 and October 2014. Only once the McMath family gets past this procedural challenge, will they be required to actually provide proof/evidence of life." bbm
http://medicalfutility.blogspot.com/ Jan 31, 2016
As he indicated in prior rulings on similar motions, Judge Freedman said that he is disinclined to agree with defense on the collateral estoppel issue "at this point." He took the matter under advisement and will issue his ruling shortly. Perhaps foreseeing that their demurrers probably will be denied, the defendants filed requests for certification for appeal.
Again, all the briefing at this stage is wholly procedural. The question is whether the McMath family may even ( at all) litigate the life/death question given that they already had the opportunity to litigate that before other judges in January 2014 and October 2014. Only once the McMath family gets past this procedural challenge, will they be required to actually provide proof/evidence of life." bbm
http://medicalfutility.blogspot.com/ Jan 31, 2016
From Mar 14, http://medicalfutility.blogspot.com/2016/03/court-again-allows-jahi-mcmath-family.html
"....Today, the court overruled those demurrers. It explained: "The court is hesitant to determine that, at the pleading stage, there is no factual issue as to whether the facts have changed or new facts have occurred.""
""Plaintiffs are not, by way of this action, expressly seeking any re-determination or reversal of the matters in the prior probate proceeding or seeking to apply standards other than those set forth in the UDDA."
In other words, ct will permit plaintiffs to offer evidence that Jahi is alive. IDK when next hearing is.
"....Today, the court overruled those demurrers. It explained: "The court is hesitant to determine that, at the pleading stage, there is no factual issue as to whether the facts have changed or new facts have occurred.""
""Plaintiffs are not, by way of this action, expressly seeking any re-determination or reversal of the matters in the prior probate proceeding or seeking to apply standards other than those set forth in the UDDA."
In other words, ct will permit plaintiffs to offer evidence that Jahi is alive. IDK when next hearing is.
From today, http://medicalfutility.blogspot.com/2016/03/jahi-mcmath-update-as-healthy-as-ever.html
"The family of Jahi McMath has posted an update on their Facebook page. Accompanying text says: "Jahi as healthy and beautiful as ever, proving the naysayers wrong."
----------------------------------------------------------
More at this link.
http://www.fox29.com/health/109214134-story (Mar 17)
"In her first public update in over three months, Jahi’s mother, Nailah Winkfield, released a photo on Facebook informing her followers of Jahi’s status, stating that she sees changes in her daughter that “Jahi as healthy and beautiful as ever, proving the naysayers wrong. A fighter, A warrior, A blessed child, Gods got your back little girl, keep fighting."
"....Hopefully my daughter can change some of the ways brain death is viewed in today's society. Honestly, I think she already has."
"The family of Jahi McMath has posted an update on their Facebook page. Accompanying text says: "Jahi as healthy and beautiful as ever, proving the naysayers wrong."
----------------------------------------------------------
More at this link.
http://www.fox29.com/health/109214134-story (Mar 17)
"In her first public update in over three months, Jahi’s mother, Nailah Winkfield, released a photo on Facebook informing her followers of Jahi’s status, stating that she sees changes in her daughter that “Jahi as healthy and beautiful as ever, proving the naysayers wrong. A fighter, A warrior, A blessed child, Gods got your back little girl, keep fighting."
"....Hopefully my daughter can change some of the ways brain death is viewed in today's society. Honestly, I think she already has."
ArianeEmory
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They photoshopped her face a lot, especially around the eyes.
So sad.
So sad.
Elphaba
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[FONT=Arial, sans-serif]Not to discuss anything, but must point out that that the new Fishwrapper blog post of Jahi is NOT a current picture. Her hairdresser posted one from the 7th of March and Jahi looks to be in decomp around her lips and nose. Google[/FONT] "Nailah Winkfield instagram iconosquare". If this is not the appropriate place to post this, if a mod will alert me, I will remove it.
"Last week, the family of Jahi McMath filed a motion to bifurcate the trial against the healthcare providers whom they allege harmed Jahi in December 2013.
The McMath family proposes to first have a trial on whether the defendants committed malpractice. Their theories of malpractice include, among others:
While medical malpractice is complicated litigation, it is comparatively the simpler issue in this lawsuit. It will require only a 7-10 day trial.
If the jury does not find liability, then there is no need to determine whether or not Jahi is alive or dead. That is the key benefit of bifurcation. It avoids the need to present evidence on issues (amount of damages) that could be irrelevant depending on the resolution of other issues (liability).
"... if the jury does find liability, then it will be necessary to have a trial on damages. The jury must determine whether to award damages for wrongful death or damages for future medical treatment. This phase is expected to consume weeks of trial, with "medial and ethical" experts from Cuba, New Jersey, and Los Angeles.". bbm
^ from http://medicalfutility.blogspot.com/2016/03/jahi-mcmath-family-moves-to-bifurcate.html. Mar. 26
pdf of ^ motion itself: http://thaddeuspope.com/images/Winkfield_motion_bifurcate_03-18-16.pdf
Other ct filings re McMath are avail at http://thaddeuspope.com/jahimcmath.html
The McMath family proposes to first have a trial on whether the defendants committed malpractice. Their theories of malpractice include, among others:
- Decision to perform drastic surgery without first trying less invasive options
- Failure to account for a congenital abnormality
- Failure to provide adequate post-operative care....
While medical malpractice is complicated litigation, it is comparatively the simpler issue in this lawsuit. It will require only a 7-10 day trial.
If the jury does not find liability, then there is no need to determine whether or not Jahi is alive or dead. That is the key benefit of bifurcation. It avoids the need to present evidence on issues (amount of damages) that could be irrelevant depending on the resolution of other issues (liability).
"... if the jury does find liability, then it will be necessary to have a trial on damages. The jury must determine whether to award damages for wrongful death or damages for future medical treatment. This phase is expected to consume weeks of trial, with "medial and ethical" experts from Cuba, New Jersey, and Los Angeles.". bbm
^ from http://medicalfutility.blogspot.com/2016/03/jahi-mcmath-family-moves-to-bifurcate.html. Mar. 26
pdf of ^ motion itself: http://thaddeuspope.com/images/Winkfield_motion_bifurcate_03-18-16.pdf
Other ct filings re McMath are avail at http://thaddeuspope.com/jahimcmath.html
April 10 update from Professor Pope
http://medicalfutility.blogspot.com/2016/04/jahi-mcmath-update-on-lawsuits-6-and-7.html
"I have posted a number of recent filings in both the state damages case and in the federal constitutional case brought by Jahi McMath's mother.
"These new filings raise a number of issues and a number of arguments on each issue. The following eight points offer a basic summary.
"1. The state case has been reassigned to a new judge..."
"3. The defendants have opposed the family's motion to bifurcate the state damages case. They argue that the liability issue is far more complicated than the life/death issue. So, it makes no sense to litigate the time-consuming issue before the simple issue. Defendants also argue that the life/death issue must be determined first, since otherwise Jahi has no "standing" to bring a liability case. Finally, they argue that the sequence proposed by the family (liability then damages) would be prejudicial...."
"8. The family identifies (in the joint case management statement) six medical experts who, among others, will testify that Jahi is not dead."
bbm
??Six medical experts will state under oath she is not dead??
In case you cannot access (by ^ 'I have posted"^) to Prof. Pope's pdf's of the court filings, try this http://thaddeuspope.com/jahimcmath.html.
http://medicalfutility.blogspot.com/2016/04/jahi-mcmath-update-on-lawsuits-6-and-7.html
"I have posted a number of recent filings in both the state damages case and in the federal constitutional case brought by Jahi McMath's mother.
"These new filings raise a number of issues and a number of arguments on each issue. The following eight points offer a basic summary.
"1. The state case has been reassigned to a new judge..."
"3. The defendants have opposed the family's motion to bifurcate the state damages case. They argue that the liability issue is far more complicated than the life/death issue. So, it makes no sense to litigate the time-consuming issue before the simple issue. Defendants also argue that the life/death issue must be determined first, since otherwise Jahi has no "standing" to bring a liability case. Finally, they argue that the sequence proposed by the family (liability then damages) would be prejudicial...."
"8. The family identifies (in the joint case management statement) six medical experts who, among others, will testify that Jahi is not dead."
bbm
??Six medical experts will state under oath she is not dead??
In case you cannot access (by ^ 'I have posted"^) to Prof. Pope's pdf's of the court filings, try this http://thaddeuspope.com/jahimcmath.html.
An update from Prof. Pope's blog today, re Jahi's family's latest filing in ct. Fri June 3.
http://medicalfutility.blogspot.com/2016/06/jahi-mcmath-latest-family-brief-in.html
"In Jahi McMath's family against the state of California, the medical defendants in the state malpractice lawsuit intervened and filed motions to dismiss. On Friday, the McMath family filed its opposition to those motions. Here are some highlights."
""In this action, Plaintiffs request that this Court, for the first time in any forum, examine overwhelming medical evidence that Jahi McMath currently exhibits function of numerous portions of her brain."
"That Court on December 26, 2013, without explicitly ruling that Jahis death was 'irreversible,' found that Jahi at that time 'had suffered brain death and was deceased as defined under Health and Safety Code sections 7180 and 7181.' No evidence regarding Jahis neurological function has been heard by any court subsequent to this hearing, two years ago. That is the essence of her current claims."
"Plaintiffs do not seek to re-litigate the condition of Jahis brain function in 2013, over two years ago, but instead request this Court to be the first court to consider whether or not, as of this date, Jahi exhibits some function of some portion of her brain."
"Judge Grillo, in good faith, relied on that testimony, and ruled that as of that date, the proper legal standard had been met to declare Jahi brain dead per pertinent statute. However, Dr. Fischer did not, and could not, accurately foretell the future. Jahi is the first child to have been declared brain dead who has survived this long and demonstrated intact brain matter, gone into puberty, and has electrical activity in her brain and an ability to respond to commands. Fortunately, as documented by numerous physicians, nurses, respiratory technicians, and family members, Jahi has, during the intervening twenty-nine months, repeatedly and consistently exhibited brain function . . . . Any qualified physician who today examines Jahi and her medical record should be able to verify the present numerous signs of brain function."" bbm
^ quoting from family's filing itself (not subject to W/S 10% copyright limit, imo).
http://medicalfutility.blogspot.com/2016/06/jahi-mcmath-latest-family-brief-in.html
"In Jahi McMath's family against the state of California, the medical defendants in the state malpractice lawsuit intervened and filed motions to dismiss. On Friday, the McMath family filed its opposition to those motions. Here are some highlights."
""In this action, Plaintiffs request that this Court, for the first time in any forum, examine overwhelming medical evidence that Jahi McMath currently exhibits function of numerous portions of her brain."
"That Court on December 26, 2013, without explicitly ruling that Jahis death was 'irreversible,' found that Jahi at that time 'had suffered brain death and was deceased as defined under Health and Safety Code sections 7180 and 7181.' No evidence regarding Jahis neurological function has been heard by any court subsequent to this hearing, two years ago. That is the essence of her current claims."
"Plaintiffs do not seek to re-litigate the condition of Jahis brain function in 2013, over two years ago, but instead request this Court to be the first court to consider whether or not, as of this date, Jahi exhibits some function of some portion of her brain."
"Judge Grillo, in good faith, relied on that testimony, and ruled that as of that date, the proper legal standard had been met to declare Jahi brain dead per pertinent statute. However, Dr. Fischer did not, and could not, accurately foretell the future. Jahi is the first child to have been declared brain dead who has survived this long and demonstrated intact brain matter, gone into puberty, and has electrical activity in her brain and an ability to respond to commands. Fortunately, as documented by numerous physicians, nurses, respiratory technicians, and family members, Jahi has, during the intervening twenty-nine months, repeatedly and consistently exhibited brain function . . . . Any qualified physician who today examines Jahi and her medical record should be able to verify the present numerous signs of brain function."" bbm
^ quoting from family's filing itself (not subject to W/S 10% copyright limit, imo).
Prof. Pope's blog references Public Education & Misinformation on Brain Death in MSM
http://medicalfutility.blogspot.com/2016/06/public-education-and-misinformation-on.html June 22, 2016
"We sought to evaluate the caliber of education mainstream media provides the public about brain death...."
"The subject was referred to as being alive or on life support in 72% (149) of the articles, 97% (144) of which also described the subject as being brain dead. A definition of brain death was provided in 4% (9) of the articles. Only 7% (14) of the articles noted that organ support should be discontinued after brain death declaration unless a family has agreed to organ donation. Reference was made to well-known cases of patients in persistent vegetative states in 16% (34) of articles and 47% (16) of these implied both patients were in the same clinical state." bbm
"Mainstream media provides poor education to the public on brain death. Because public understanding of brain death impacts organ and tissue donation, it is important for physicians, organ procurement organizations, and transplant coordinators to improve public education on this topic."
http://onlinelibrary.wiley.com/doi/10.1111/ctr.12791/abstract
http://medicalfutility.blogspot.com/2016/06/public-education-and-misinformation-on.html June 22, 2016
"We sought to evaluate the caliber of education mainstream media provides the public about brain death...."
"The subject was referred to as being alive or on life support in 72% (149) of the articles, 97% (144) of which also described the subject as being brain dead. A definition of brain death was provided in 4% (9) of the articles. Only 7% (14) of the articles noted that organ support should be discontinued after brain death declaration unless a family has agreed to organ donation. Reference was made to well-known cases of patients in persistent vegetative states in 16% (34) of articles and 47% (16) of these implied both patients were in the same clinical state." bbm
"Mainstream media provides poor education to the public on brain death. Because public understanding of brain death impacts organ and tissue donation, it is important for physicians, organ procurement organizations, and transplant coordinators to improve public education on this topic."
http://onlinelibrary.wiley.com/doi/10.1111/ctr.12791/abstract