Family wants to keep life support for girl brain dead after tonsil surgery #3

[Kaliste]

So what's up next? Isn't there another court date scheduled for sometime today?

 

[MaybeNotToday]

Rev Jesse Jackson Sr ‏@RevJJackson 2m

@TGranicAllen The appeal, passion and pain of Jahi McMath's family is real. They are willing to go the last lap. I support them.#JahiMcMath.



It was only a matter of time, for him to jump into this.

And there you have it. He really had no choice.

But he could have made a brave choice and made this be a teaching moment.

 

[newmrsc]

This makes no sense to me

http://www.thaddeuspope.com/images/Mcmath_ND_Cal_Settlement_01-02-14.pdf
First he discusses the viability of fetuses outside the womb w/artificial aid. (I have attempted to replicate the grammar errors in the original but I'm not sure if I got them all.)



What on earth does the constitution have to do with what medical criteria are used to make brain death determinations? And what do you mean, inner brain activity is not measured? And what does any of this have to do with due process and privacy?

I think he has employed a five year old who cuts out random phrases from old court documents and a ten year old who reassembles sentences out of them.

Well, I think the right answer on what the Constitution has to do with it is NOTHING. But Dolan is making any argument he can come up with. They're claiming that it's a violation of First Amendment religious freedom (they have a firm believe brain death is not true death) and the rights to privacy. Privacy is a weird one because it's implied, not explicit, so it's sort of read into other rights. I believe their argument was that it was a privacy right to make medical decisions regarding Jahi. I'm not sure how they're making religious freedom a federal issue, though. The statute on death is a state one and there's isn't a federal act declaring death, it's a state matter. So it shouldn't be strict scrutiny, but rather rational basis. I'm sure he has some reason in his mind for it, but personally I'm not seeing it.

The really absurd part of this is that as a legally deceased person, technically Jahi has no more standing, and the family can't bring claims on her behalf, only on their own. Doesn't seem like any of the courts are acknowledging that or dealing with that major major issue.

 

[Karmady]

So what's up next? Isn't there another court date scheduled for sometime today?

I think they're in the fed ct. settlement conference right now

 

[Kaliste]

I think they're in the fed ct. settlement conference right now

Thank you!

 

[Karmady]

At p. 3 of plaintiff's motion to compel in fed ct. (at the link above). Anyone know who Dr. Burke is who submitted a declaration that Jahi is not brain dead?

 

[popsicle]

Matthias Gafni ‏@mgafni 53s
On death certificate for #JahiMcMath lists date of death as 12/12/13, day docs ruled her brain dead, per coroner http://bit.ly/192E0Mz

 

[ChristYTN]

Rev Jesse Jackson Sr ‏@RevJJackson 3m
@TGranicAllen The appeal, passion and pain of Jahi McMath's family is real. They are willing to go the last lap. I support them.#JahiMcMath.

OF COURSE HE DOES!!
See that spotlight? See the cameras?

ugh.

C'mon Jesse Jackson, help this family plan a beautiful funeral.

 

[Herat]

I wondered how long it would before Roe v. Wade would be cited by Mr. Dolan. And voila, today.

Does anyone know of this judge's prior rulings or particular religious convictions re Roe v. Wade.

It seems Dolan might have tailored the brief to include Roe v. Wade if this would perk up the judge's ears in a favorable light.

 

[BetteDavisEyes]

At p. 3 of plaintiff's motion to compel in fed ct. (at the link above). Anyone know who Dr. Burke is who submitted a declaration that Jahi is not brain dead?

IIRC, he testified on behalf of the family in one of the court proceedings.

 

[fruity]

Matthias Gafni ‏@mgafni 53s
On death certificate for #JahiMcMath lists date of death as 12/12/13, day docs ruled her brain dead, per coroner http://bit.ly/192E0Mz

Surely this has to mean something to the people who think she can recover?

 

[Herat]

At p. 3 of plaintiff's motion to compel in fed ct. (at the link above). Anyone know who Dr. Burke is who submitted a declaration that Jahi is not brain dead?

The is the staunchly Catholic, anti-brain death pediatrician from Pennsylvannia who says Jahi is alive.

The family claims he "saw" Jahi but didn't examine her since "he didn't have staff priviledges".

He is not a board-certified neurologist or pediatric neurologist and CHO would never allow him to do a brain death examination on her, as he does not have the credentials that the other experts allowed by the court do.

 

[Zuri]

I think the question is whether or not another hospital will accept a brain-dead "patient".

Jahi would have to go through the ER at another hospital, and I can't imagine that hospital admitting her. If the facility said to be receiving her all of a sudden has cold feet, what option is left?

The attorney may be celebrating a "victory", but that "victory" is hollow IMO. JMV

 

[popsicle]

Now that the #JahiMcMath family can move her body, all I can think of is the last line from the movie The Candidate. “What do we do now?”

From twitter... cute.

 

[Elley Mae]

thread #1

thread #2

Court documents:
http://www.scribd.com/doc/195182229...-20-2013-Opposition-to-Temp-Restraining-Order

http://www.scribd.com/doc/195183111/Children-s-Hospital-Okland-Physician-s-Declaration-Dec-20-2013

http://www.scribd.com/doc/195183615...oint-Dr-Paul-Byrne-as-an- Independent-Expert

http://www.scribd.com/doc/195184121...13-Attorney-response-to-Esq-Dolan-family-atty

http://www.scribd.com/doc/195184920...rt-of-Appeal-Filing-by-Family-online-Document

http://www.scribd.com/doc/195185964...ec-30-2013-McMath-Civil-Rights-Lawsuit-filing

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:bump:

 

[Herat]

The attorney may be celebrating a "victory", but that "victory" is hollow IMO. JMV

Dolan is not compelled to speak the truth in public, although CHO is. They are held to a much higher standard than he is.

 

[Donjeta]

At p. 3 of plaintiff's motion to compel in fed ct. (at the link above). Anyone know who Dr. Burke is who submitted a declaration that Jahi is not brain dead?

Paul Byrne, probably.
He's just too busy to remember names.

 

[momrids6]

Snickerdoodle ice cream sandwiches. :angel:

you are on a roll today :drumroll:

 

[Karmady]

The is the staunchly Catholic, anti-brain death pediatrician from Pennsylvannia who says Jahi is alive.

The family claims he "saw" Jahi but didn't examine her since "he didn't have staff priviledges".

He is not a board-certified neurologist or pediatric neurologist and CHO would never allow him to do a brain death examination on her, as he does not have the credentials that the other experts allowed by the court do.

I thought that was Byrne or Burne...typo?

eta: never mind. I just saw Donjeta's post.

 

[BetteDavisEyes]

Will Jahi's medical records accompany her (body) to another facility? I know when a family member has been transferred from one medical facility to another, a chart is included with a list of medications, treatment provided in the facility, etc. What records will Children's Hospital be required to provide when Jahi is transferred? Will the death certificate be included in the file?