Posted on 10/02/2014 8:16:22 PM PDT by Tired of Taxes
According to the State of California, JahiMcMath has been dead since December 9, 2013, when she went into cardiac arrest after catastrophic side effects from throat surgery.
Oakland Children’s Hospital doctors insisted she was brain dead, that is, she had experienced total brain failure. Under California law, brain death is dead.
When the doctors stated their intention to remove the life support from Jahi, her mother sued. A brouhaha ensued.
A judge appointed an independent physician from Stanford to examine the girl, and he too found she was dead. The judge declared her dead and the state of California issued a death certificate.
But the compassionate judge also pushed the parties into a settlement that released Jahi to the coroner–still on a ventilator–and thence to her family. She was taken out of state.
At the time, I wrote here and elsewhere that I thought she was dead. But I also said that if her body did not deteriorate–as almost all brain dead bodies do–my eyebrows would be raised. Over the last few months my eyebrows have migrated past my receding hairline.
I also wrote that if she was found to not actually be dead, there would be “hell to pay.” That bill may be coming due if the McMath attorney Chris Dolan, succeeds in having the state declare her alive. From the San Francisco Chronicle story:
Nearly 10 months after doctors found that Oakland teenager Jahi McMath was brain dead, an attorney for her family has petitioned an Alameda County judge to have her declared “alive again.” “I have medical experts, including world-class experts on brain death, who will testify she is not brain dead,” attorney Chris Dolan said Wednesday, calling a judge’s refusal last year to compel a hospital to care for her “a grave injustice.”
Oakland Hospital has been just abysmal in its PR in this case–and that maladroit insensitivity continues:
Hospital officials did not return our call seeking comment. However, in their court filing, attorneys for Children’s said Grillo’s ruling upholding the death declaration was “well-supported in fact and law.” What’s more, they said, Dolan missed the deadline to request a rehearing by seven months, and therefore the court no longer has jurisdiction to hear it.
Dolan argues that the court does have the legal authority to rule “in the interests of justice, which are literally those of life and death.”
Good grief. This isn’t about legal procedure. If evidence exists that she is alive, the hospital should be supporting that data coming out.
If evidence exists that Jahi is alive, it needs to be heard! That’s what we do in death penalty cases, after all: Permit new evidence even after procedural deadlines have passed.
Dolan is a well-respected lawyer. He is not saying that Jahi’s mother believes she is still alive, or that family members have detected interactivity in their deep love for her. He is not contending that the California law on brain death is wrong.
He is saying objective medical tests demonstrate that she is not brain dead. Or to put it another way, Dolan apparently believes that he can prove to the court, based on evidence, that Jahi McMath has positive brain function. If so, she is not dead.
Please note, this isn’t the same thing as saying she is awake. A persistently unconscious person is alive. A brain dead person isn’t in a coma, but deceased.
If Dolan successfully proves the case, there will be much hell to pay. There will be consequences.
Fasten your seat belts: This is going to be a bumpy ride!
LifeNews.com Note: Wesley J. Smith, J.D., is a special consultant to the Center for Bioethics and Culture and a bioethics attorney who blogs at Human Exeptionalism.
“....there is some doubt on whether she’s truly “brain dead.”’
Yep, and now there’s more than doubt:
“MRI Test Proves Jahi Not Brain Dead!
By Wesley J. Smith October 7, 2014 3:29 PM
If the concept of “justice” matters–and if we care about the integrity of the system that bears its name–the Jahi McMath case must be reopened. This from someone who wrote publicly last year that I thought she was dead.
The other day, I posted about UCLA neurologist Alan Shewmon’s opinion that Jahi is not only alive, but conscious.
Now, Dr. Calixto. Machado, while more objectively clinical in his language than Shewmon, is equally unequivocal–based on objective medical tests–that Jahi is not brain dead. In other words, she is alive.
Machado, a very credentialed neurologist, medical professor, and recipient of the American Academy of Neurology Lawrence McHenry Award in 2005 because of his research in the field. In short, he is a very respected expert in the field of brain death.
He also believes that brain death is a real phenomenon. From his declaration under penalty of perjury..”
Thanks again for the latest update. I really hope it’s true that she’s alive.
You are welcome. Prayers for Jahi and her family.
Your comment sounds like you can see yourself the evidence she is dead, clearly, but would rather not admit it so sounding off makes you feel better...so be it.
Shall I go on about their attorney Dolan deliberately presented his “evidence” in a sloppy and disorganized manner so much so that the Judge slapped him up with a new order to get his facts straight if he has them.....
This is a complete ploy to gain sympathy for the family and potential yes votes for Prop. 46..the Attorney has soaked mega bucks of his own to see passed.
And further the doctors you referenced back thread???? ....includes ‘Fellus’, who lost his medical license for having sex with one of his brain injured patients, and another that's not American but from Cuba on a five year visitation here who stated he did not examine her.... and the third that's never seen nor examined the patient. Dolan had to really dig to find these PHD’s....if they are even that.
There were 6+ respected ‘neurologists’ who actually did examine Jahi and all the proper tests taken.... and declared her dead initially...plus a coroner and other physicians within the hospital......it's a settled matter now and it was then...
... This is all show and tell....the Attorney should be disbarred and sent to prison for assisting in abuse of a corpse! Then sued for misrepresenting this family!
Oh really....
In his declaration ‘Machado’ specifically states he did NOT examine Jahi because he does not have a US license.
Additionally he was extremely selective in his choice of words.... . According to him, she “does not actually fulfill the brain death criteria, and hence is not brain dead, CONSIDERING THE WHOLE BRAIN CRITERIA.”
He says nothing about whether Jahi does or doesn't still fulfill the criteria used in every bedside brain death determination done everywhere across the country.
..... He uses only ancillary tests that are not even required (but are sometimes done), and NOT ANY the tests that are required, as the basis for his opinion.
....Although he was apparently present to run the ‘MRI’ unless there is a cerebral blood flow test, and he's not indicating one was done, you can't determine there is cerebral blood flow from an MRI alone...and he says NOTHING about any actual physical examination results....
Further it was Elena Labkovsky doing the ‘EEG’ who is a PhD ‘psychologist’ in biofeedback for crying out loud!... No experience doing EEG’s for establishing brain death whatsoever. ..and further could only “assure” Machado she didn't let the ventilator hose touch any of the electrodes.
So no wonder the Judge was all over the Attorney for his sloppy presentation. He’s got nothing to stand on and he knows it...but then Jahi isn't his concern ....he socked $25,000 into the campaign for Prop. 46, a ballot measure that would boost the cap on verdicts from medical malpractice lawsuits from $250,000 to over $1 million....
HE wants his money one way or another for this case and if not the next if this Prop. passes.....furthermore he's got this family up against the wall with attorney fees for himself if they don't play his game.
New Medical Findings May Prove Jahi McMath’s Doctors Wrong
Families Should Have the Right to Care for Loved Ones
Contact: Terri Schiavo Life & Hope Network, 484-278-4287; info@lifeandhope.com
PHILADELPHIA, Oct. 8, 2014 /— Who has primacy in a life-or-death matter like that of Jahi McMath, whose family was told their child was “brain dead”? After suffering massive blood loss and cardiac arrest following tonsil surgery in December 2013, Jahi’s parents were told there was no hope for her recovery. Her family, together with the Terri Schiavo Life & Hope Network and a team of professionals, appealed to have Jahi transferred after Children’s Hospital Oakland declared Jahi to be dead, and refused to continue to care for her.
Now, almost 10 months after the death declaration, 13-year old Jahi is showing signs that may prove the hospital designation wrong. According to the family’s attorney, Christopher Dolan, and physicians who have gone on court record, Jahi is showing signs of physical and neurological activity and improvement. In particular, Dr. Alan Shewmon, professor emeritus in neurology at UCLA, stated, “Based on the materials provided to me so far, I can assert unequivocally that Jahi currently does not fulfill the diagnostic criteria for brain death.”
And then there is Dr. Calixto Machado, award winning neurologist for his research in the field, who stated, “It is my opinion, as one who is a defender of brain death, and who believes that brain death does occur, and can be confirmed through testing of the type conducted on Jahi McMath, that this patient does not actually fulfill the brain death criteria and hence she is not brain dead.” It is important to note that Dr. Machado examined the EEG of Jahi–without knowing whose test it was.
“These new medical findings showing Jahi’s current brain activity call for her brain death diagnosis to be overturned,” says Bobby Schindler, Executive Director of the Terri Schiavo Life & Hope Network. “Each situation is unique, and in Jahi’s case, clearly more time was needed before making that grave decision which jeopardized Jahi’s future and impacted the lives of her family, her community and the nation. This is a critical turning point that challenges the integrity of the system to right a wrong, not only for Jahi, but for those families who find themselves in similar situations. We will continue to advocate for Jahi and her family throughout their journey, and for all families to assure that their medical rights are protected.”
The Terri Schiavo Life & Hope Network, a 501(c)(3), was established by the family members of Terri Schiavo to defend the rights of the medically vulnerable. These rights include the protection from the removal of food and water (via a feeding tube) which has been redefined as medical treatment instead of basic and ordinary care. The Life & Hope Network has communicated with and supported more than 1,000 families, and has been involved in hundreds of cases since Terri’s Death. To learn more about the work of the Life & Hope Network, please visit lifeandhope.com
Wow, your arguments are so weak. Witchhunt much? Did U examine Jahi? If so is that the only criteria?
Do you need a U.S. license to have credibility? Most physicians in the U.S. are great. But some are incompetent, want organ donors and/or have an antilife agenda. Did you know that? Some judges also have an antilife agenda.
From my last post:
“...” It is important to note that Dr. Machado examined the EEG of Jahi–without knowing whose test it was. ..”
As you can see, there is NO AGENDA from Dr. Machado.
Always “err” on the side of life. Life is sacred.
.....”Always “err” on the side of life. Life is sacred”....
Jesus said to ..”Bury the dead”....Jahi is dead no matter how much you and others want to believe otherwise....and no doctors nor facilities reputable would take her for that very reason.
Her body is decaying, it stinks of death, her nails and other extremities are green and black, rigamortis has set in and continues as the body is contracting.
Now if you STILL want to believe this corpse is alive...well have at it.
BTW...none of the organs in this corpse are even remotely possible for organ donation....none...those body parts are decayed and in meltdown.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.