Jahi McMath: Media links only ***NO DISCUSSION***

[watcher9]

Article with what looks like new photos.
http://m.newser.com/story/248321/judge-girl-declared-dead-may-legally-be-alive.html

Couldn't get in your link due to ********* but found this link which could be about the same..

http://sanfrancisco.cbslocal.com/2017/09/07/judge-rules-jahi-mcmath-may-still-be-alive/

 

[al66pine]

http://medicalfutility.blogspot.com/2017/10/defendants-to-physically-examine-jahi.html Oct 6, 2017

"..some defendants note that their planned discovery includes an IME (independent medical exam) of Jahi on brain death by August 2018.

Some defendants declared that they "plan to file a Motion to Bifurcate the Trial of the issue of whether Jahi McMath is legally dead under California law, as this is the primary driving issue in the case."

Wheels of (US civil) justice turn s-----l----o---------w---l----y

 

[K_Z]

Case documents from Sept 22-28, 2017:

http://thaddeuspope.com/braindeath/jahimcmath.html

Order denying Summary Adjudication in the Malpractice case (13 pages):

http://thaddeuspope.com/images/Order_denying_summary_adjudication.pdf

 

[al66pine]

http://medicalfutility.blogspot.cz/#!/2018/01/jahi-mcmath-now-directly-attacks-brain.html
Jan 7 2018

"in December 2017, Jahi has has asserted (a least more explicitly) a new and different argument. She now contents that prevailing medical criteria for brain death do not legally satisfy the requirements in the California Uniform Determination of Death Act.

In a motion scheduled for hearing on March 8, "Plaintiffs request the opportunity to present evidence and expert testimony that the ANN and AAP Guidelines fail to meet the requirements of California's UDDA."

 

[watcher9]

http://medicalfutility.blogspot.cz/#!/2018/01/jahi-mcmath-now-directly-attacks-brain.html
Jan 7 2018

"in December 2017, Jahi has has asserted (a least more explicitly) a new and different argument. She now contents that prevailing medical criteria for brain death do not legally satisfy the requirements in the California Uniform Determination of Death Act.

In a motion scheduled for hearing on March 8, "Plaintiffs request the opportunity to present evidence and expert testimony that the ANN and AAP Guidelines fail to meet the requirements of California's UDDA."

Here is a direct link from your link.
http://medicalfutility.blogspot.cz/2018/01/jahi-mcmath-now-directly-attacks-brain.html

For my clarification of abbreviations -

Uniform Declaration of Death Act - UDDA
http://healthcare.findlaw.com/patie...uniform-declaration-of-death-act-or-udda.html

California UDDA
http://www.cmanet.org/resource-library/detail/?item=pronouncement-of-death-and-death-certificates

AAP - American Academy of Pediatrics

ANN - (?) don't know but could be Annals of Internal Medicine or American Academy of Neurology

 

[al66pine]

Professor Pope's Jan 27 blog entry: http://medicalfutility.blogspot.cz/#!/

"U.S. Morbidity and Mortality... Jahi McMath: Less Confidence in Brain Death Is a Deterrent to Organ Donation..."
[FONT="helvetica neue" ]"Surgery professor Marty Sellers and colleagues at Emory have a [URL="http://www.journalacs.org/"]forthcoming piece[/URL] on "Deterrents to Organ Donation."[/FONT]
"..."myths and knowledge deficiencies surrounding organ donation and transplantation" interfere with willingness to be an organ donor..."
"...Jahi McMath case has already increased misunderstanding and mistrust of brain death. As the case and attention on it continue, so will misunderstanding and mistrust. In turn, that will negatively impact organ donation..."

(FYI, link in Prof's blog does not take me to "forthcoming article." Often a paywall for these med journals.)

 

[angelainwi]

GREAT new article from the New Yorker on Jahi. I really hope a thread can be opened for discussion

https://www.newyorker.com/magazine/2018/02/05/what-does-it-mean-to-die?mbid=social_facebook

 

[Hiandmighty]

"The 2010 AAN guideline has not been changed. But the new consensus statement became necessary, the report authors wrote, because of cases like that of Jahi McMath, a California teenager who was declared brain dead following complications from sleep apnea surgery in 2013. Her family fought the determination of death in court and moved the girl to New Jersey, the only state with a religious exemption for those objecting to the termination of life support."


New Consensus Statement Affirms AAN Brain Death Guideline, Calls for Consistency and Public Education

https://journals.lww.com/neurotoday...nsus_Statement_Affirms_AAN_Brain_Death.2.aspx

"Most of the controversies that have arisen have been sudden, unfortunate tragedies involving young people, where the family had absolutely no expectation that things would go awry,” said Dr. Rubin. “One can imagine the angst that family members go through, when their loved one has a sudden neurological catastrophe and they are told that there is no identifiable brain function, yet they see that their loved one is still warm and their heart is still beating.”

 

[YESorNO]

Family of Jahi McMath who was declared brain dead four years ago say they will keep fighting for her as long as she wants them to - as they prepare for a jury trial that will determine if teen is still alive

"...In a win for the family, a judge ruled last September that Jahi may not be dead and ordered for a jury to decide

That trial date has not yet been set but an initial hearing is scheduled for March

Jahi's mother said in a New Yorker interview this week that she will keep fighting for as long as her daughter wants her to ..."


http://www.dailymail.co.uk/news/article-5342625/Jahi-McMaths-family-fighting-brain-dead-teen.html
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[K_Z]

Jahi McMath - Major Case Management Conference on Friday

On Friday, March 16, the Alameda County Superior Court will conduct a major case management conference in Jahi McMath's medical malpractice action.

One key management issue will be whether the parties will first litigate whether or not the guidelines utilized to determine Jahi dead meet the statutory definition of ''dead" under the Uniform Determination of Death Act.

Among the other issues the court will address is whether defendants can reassess whether Jahi is dead.

LInks to court documents:

http://thaddeuspope.com/braindeath/jahimcmath.html

http://medicalfutility.blogspot.com...:+MedicalFutilityBlog+(Medical+Futility+Blog)

 

[MelmothTheLost]

GREAT new article from the New Yorker on Jahi. I really hope a thread can be opened for discussion

https://www.newyorker.com/magazine/2018/02/05/what-does-it-mean-to-die?mbid=social_facebook

Interesting article. There's no mention of much earlier claims that the family gave Jahi icecream without the agreement of the medical staff. I note the article says the nurses gave Jahi a popsicle (what we in the UK would call an ice lolly) to sooth her throat, and I wonder if that gave the family the idea that icecream would be OK as well.

 

[Wyle_E_Coyote]

GREAT new article from the New Yorker on Jahi. I really hope a thread can be opened for discussion

https://www.newyorker.com/magazine/2018/02/05/what-does-it-mean-to-die?mbid=social_facebook

But, my, how Grandma's story has changed... Wonder why?

'I was with her [when] the complications began, when the blood started to come out of her mouth. I was the one holding her hand and reassuring her that everything was going to be OK.'

http://www.dailymail.co.uk/news/art...utine-tonsil-operation-left-life-support.html

Crying, she called her mother, Sandra Chatman, who had been a nurse for thirty years and who worked in a surgery clinic at Kaiser Permanente, in Oakland.

Sandra, who is warm and calm and often wears a flower tucked into her hair, arrived at the hospital at ten o’clock.*

https://www.google.com/amp/s/www.newyorker.com/magazine/2018/02/05/what-does-it-mean-to-die/amp

Sent from my SM-G930V using Tapatalk

 

[watcher9]

Just a reminder that this is a media link only thread with no discussion.
We don't want this thread shut down.

 

[YESorNO]

Would another brain death test harm Jahi McMath?

"OAKLAND >> As the Jahi McMath lawsuit inches closer to a hearing on whether she is dead or alive, attorneys for UCSF Benioff Children’s Hospital Oakland want to perform another brain death test on the Oakland teenager.

But her family’s attorney thinks it would damage her heath because it requires her breathing machine be turned off for 10 minutes.

“I’m not saying they want to kill her, but it’s certainly a risk,” attorney Bruce Brusavich said after a court hearing in Hayward on Friday. The attorney filed a medical malpractice suit on behalf of Jahi’s family against the hospital in 2015...."

http://www.santacruzsentinel.com/health/20180320/would-another-brain-death-test-harm-jahi-mcmath
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[watcher9]

The grandmother recently bought Jahi a keyboard and has taken video of her pressing down on its keys. “She can use her hands very well,” Chatman said. “She’s just jamming.”

http://www.santacruzsentinel.com/health/20180320/would-another-brain-death-test-harm-jahi-mcmath

 

[YESorNO]

DEAD AND/OR ALIVE
A legal quirk means you can be dead in New York but alive in New Jersey

"...“If you’re brain dead in the US you’re dead. Legally. Except New Jersey, if you have a religious exemption,” says Thaddeus Pope, law professor and bioethicist at Mitchell Hamline School of Law. “You’d think who’s alive and who’s dead would be one of the few questions on which all of American society could have clarity and consistency on.”...

The question of whether a declaration of death according to brain death is truly definitive has come under greater scrutiny recently due to the ongoing case of Jahi McMath. McMath was declared dead in California, on December 11, 2013 on the basis of her brain death, but her family rejects that medical verdict, and is now a legal battle to have it reversed. In the meanwhile, McMath remains on life support thanks to clinicians in New Jersey, found by her family, who agreed to oversee her continued use of a ventilator and feeding tube.

McMath’s family has said declaring Jahi dead by by brain death goes against their religious beliefs. But this argument has been made by other families and dismissed in several states. The McMath case has gained legal traction as the family has also claimed to have evidence that Jahi does in fact show signs of brain activity. And, in an additional argument, the McMaths claim that the legal definition of death is not, in practice, applied medically. The law technically states that there should be “cessation of all functions of the entire brain” in order to be a case of brain death, yet, the McMaths argue, doctors often classify patients with extremely basic brain functions as brain dead....

If the McMaths’ lawsuit is successful, the road will be cleared for further challenges to how death is medically recognized across the US....

If the jury decides that Jahi, once officially dead, is in fact alive, or if they believe that the legal definition of brain death is not sufficiently applied in medical practice, it will create legal ambiguity in declaring death. ...

It would also reflect a disturbing reality: there are different ways to draw the line between brain death and brain function, between life and death. If the case is decided in the McMaths’ favor, it “would illustrate that brain death a value judgment,” says Pope. “It’s not a scientific truth that we discover. It’s something we decide, it’s something we create.”

As the New Jersey law shows, even death is subjective."

https://qz.com/1253987/a-legal-quirk-means-you-can-be-dead-in-new-york-but-alive-in-new-jersey/
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[YESorNO]

Jahi McMath - Tentative Ruling Setting "Separate Trial" on Brain Death

"On Thursday, April 19, 2018, at 3:00 p.m., Alameda County judge Stephen Pulido will hear Jahi McMath's Motion for a Bifurcated Bench Trial to Determine whether the American Association of Neurology and American Academy of Pediatrics Guidelines should be applied to the facts of this case to determine whether Jahi McMath meets the definition of "brain death" under the UDDA.

The court issued a tentative ruling stating that it "intends to issue a Trial Setting Order that sets a separate trial on the issue of whether Plaintiff Jahi McMath is a person with the capacity and/or standing to prosecute the First Cause of Action of the First Amended Complaint for Professional Negligence." In the contemplated trial, "the Court will determine whether Plaintiff Jahi McMath meets the legal definition of "brain death" pursuant to the criteria set forth by the Legislature in H&S Code § 7180."..."

http://medicalfutility.blogspot.com...:+MedicalFutilityBlog+(Medical+Futility+Blog)
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[watcher9]

DEAD AND/OR ALIVE
A legal quirk means you can be dead in New York but alive in New Jersey

If the jury decides that Jahi, once officially dead, is in fact alive, or if they believe that the legal definition of brain death is not sufficiently applied in medical practice, it will create legal ambiguity in declaring death. ...
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Respectfully snipped for space and emphasis.
From your link - https://qz.com/1253987/a-legal-quirk-means-you-can-be-dead-in-new-york-but-alive-in-new-jersey/

A California judge has ruled that a jury will decide whether McMath is alive or dead; a trial date has not yet been set, and it will likely be months before there’s a decision.

 

[BetteDavisEyes]

Alfie Evans and the Experts

...It is easy see the relevance here of Aviv’s story about Jahi McMath, a teenager from Oakland declared brain-dead after a horribly-botched tonsillectomy, whose family managed to spirit her away to New Jersey, where religious-freedom laws allow families to reject a “brain-death” ruling and keep a loved one on a feeding tube indefinitely.

Since then Jahi has survived for years despite confident medical predictions to the contrary, and she now gives pretty decent evidence of retaining some form of consciousness, some ability to listen and respond. In California her status as a dead person is under litigation; in a small apartment in New Jersey, in the care of her mother, she is very much alive...

https://www.nytimes.com/2018/04/28/...lights&contentPlacement=5&pgtype=sectionfront

 

[jjenny]

"A problem with using whole-brain death as the definition is that it is increasingly apparent that many people declared dead on this basis do not show the permanent cessation of functioning of every aspect of the brain, says Dr Ross. The hypothalamus may continue to secrete hormones, for example. That is one of the arguments being made in the case of Jahi McMath, a bubbly American teenager until a simple operation went wrong. Her family dispute the hospital’s assessment, made in 2013, that she is brain-dead, pointing to the fact she is menstruating, which is neurologically regulated."

https://www.economist.com/news/inte...ay-many-countries-define-dying-when-death-not