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→‎Related cases: tech note to editor who removed my previous edit-only with brain-death can organs legally be taken.
→‎Related cases: re-add good citation and yes it does say she was legally dead-dead enough to take her organs-also pls stop stalking my edits with your political bias and you 3rr'd already but I'll wait for someone else to fix it
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Misdiagnosed or mistakenly declared brain-dead
Misdiagnosed or mistakenly declared brain-dead
*Zach Dunlap- Declared suitable for organ donation and brain-dead.<ref>{{cite web|title=Man declared dead feels pretty good|url=http://www.nydailynews.com/news/world/oklahoma-man-declared-dead-feels-pretty-good-article-1.286113}}</ref>
*Zach Dunlap- Declared suitable for organ donation and brain-dead.<ref>{{cite web|title=Man declared dead feels pretty good|url=http://www.nydailynews.com/news/world/oklahoma-man-declared-dead-feels-pretty-good-article-1.286113}}</ref>
*Colleen S Burns- Declared brain-dead for organ donation but recovered<ref>{{cite web|title=woma wakes as organs are being harvested|url=http://www.nydailynews.com/news/national/woman-wakes-organs-harvested-article-1.1393821}}</ref>
*Colleen S Burns- Declared brain-dead for organ donation but recovered<ref>{{cite web|title=woma wakes as organs are being harvested|url=http://www.nydailynews.com/news/national/woman-wakes-organs-harvested-article-1.1393821}}</ref><ref>{{cite web|title=St. Joe's "dead" patient awoke as docs prepared to remove organs|url=http://www.syracuse.com/news/index.ssf/2013/07/st_joes_fined_over_dead_patien.html}}</ref>


==References==
==References==

Revision as of 02:20, 18 February 2014

Jahi McMath
Born(2000-05-26)May 26, 2000
DiedDecember 12, 2013(2013-12-12) (aged 13)
NationalityAmerican
Parent(s)Mother: Latasha "Nailah" Winkfield (née Spears)
Father: Milton McMath
Stepfather: Marvin Winkfield

Jahi McMath (May 26, 2000 – December 12, 2013)[1] was a 13-year-old girl who was declared brain-dead following post-operative complications from medical procedures aimed at relieving symptoms from sleep apnea.[2][3][4][5] On January 3, 2014, the Alameda County coroner’s office issued a death certificate for McMath with a date of December 12, 2013. A cause of death was not included pending an autopsy.[6]

According to court documents,[7] McMath was admitted to Children's Hospital Oakland on December 9, 2013 to perform three procedures:

It was hoped these procedures would provide improved airflow during her sleep at night.

After the surgeries were performed, McMath was conscious and recovering and asked for a popsicle, according to her grandmother, while in the recovery room. She was later moved to the ICU before she started to bleed from her nose and mouth and went into cardiac arrest. Despite the family's description of the surgery as routine, the hospital said in a memorandum presented to the court that the procedure was a "complicated" one.[8] During this time, blood flow to the brain was lost for an undisclosed period of time. On December 12, 2013 she was declared brain-dead by doctors at the hospital and her family was informed that, as her brain had died, she was legally dead and that life support systems would be removed.[7] After the family petitioned Alameda County Superior Court, Judge Evelio Grillo approved an independent second opinion. Paul Graham Fisher, the chief of Child Neurology at Stanford University School of Medicine, was appointed by the court and he reaffirmed the diagnosis of brain death.[9][10]

The family appealed to the legal system to force the hospital to continue life support measures until other arrangements could be made by the family.[11][12] McMath's mother claimed that declaring McMath dead under the Uniform Determination of Death Act violated her freedom of religion and privacy.[13] Alameda County Superior Court granted an extension to keep McMath on a ventilator until January 7, 2014,[12] but refused the family attorney's request for hospital staff to insert tracheostomy and feeding tubes.[14]

On January 5, 2014, Children's Hospital released Jahi McMath's body to the Alameda County coroner, which then released her body to the custody of her mother, Latasha "Nailah" Winkfield.[15][16][17][18] The family reports that the girl is being maintained on life support at an undisclosed location.

Related cases

The following cases provide contrast between brain death (where a person is legally declared dead) versus being in a persistent vegetative state in which the brain has measurable activity but the individual is unconscious and unlikely to recover.

  • Karen Ann Quinlan - The first prominent legal case dealing with artificial support for a person in persistent vegetative state, not brain-dead like McMath, in the United States[19]
  • Terry Schiavo - A case of a woman who was not brain-dead like McMath, but in a persistent vegetative state[20]
  • Nancy Cruzan - A case where the family campaigned for removal of life support for a woman in persistent vegetative state while the state supported maintaining life support.
  • Mordechai Dov Brody - Another child diagnosed as brain dead whose parents rejected the idea of brain death as death as a part of their Jewish faith.
  • Jesse Koochin - A 6-year-old boy who was declared brain-dead by doctors but was released to the care of his parents.
  • Marlise Muñoz - A 33-year-old pregnant woman who was declared brain-dead, but the hospital refused to comply with the family's wishes to withdraw mechanical ventilation and other organ sustaining treatment, citing a Texas state law which allows the hospital to supersede the woman's advance directive if she is pregnant.

Misdiagnosed or mistakenly declared brain-dead

  • Zach Dunlap- Declared suitable for organ donation and brain-dead.[21]
  • Colleen S Burns- Declared brain-dead for organ donation but recovered[22][23]

References

  1. ^ Simon; Schoichet, Catherine E. (December 24, 2013). "Judge: California teen is brain dead after tonsil surgery". cnn.com. Retrieved January 9, 2014.
  2. ^ Fernandez, Lisa. "Judge Orders Oakland Hospital to Keep Jahi McMath on Life Support". NBC News.
  3. ^ "Jahi McMath's family, Oakland hospital discussing girl's transfer". CNN.com. Retrieved January 9, 2014.
  4. ^ Henry K. Lee. "Hospital agrees to let Jahi McMath family take girl". SFGate. Retrieved January 9, 2014.
  5. ^ Banks, Sandy (January 3, 2014). "In Jahi McMath saga, science and religion clash". latimes.com. Retrieved January 9, 2014.
  6. ^ Branson, Hailey (January 5, 2014). "Jahi McMath, brain-dead teen, transferred to undisclosed location". latimes.com. Retrieved January 9, 2014.
  7. ^ a b "Judge grants restraining order keeping brain dead Oakland girl on ventilator through Monday". Oakland Tribune.
  8. ^ http://www.huffingtonpost.com/2013/12/21/jahi-mcmath-life-support_n_4485119.html
  9. ^ "Jahi McMath: Judge denies petition to keep girl on ventilator past Dec. 30". San Jose Mercury News.
  10. ^ "Document: Hospital's petition opposing an independent expert, asking to lift the order to keep Jahi McMath on life support". San Jose Mercury News.
  11. ^ ""Urgent" Request to Keep 8th Grader Jahi McMath on Life Support After Tonsillectomy". NBC Bay Area.
  12. ^ a b "Extension Granted to Keep Jahi McMath on Life Support". NBC Bay Area.
  13. ^ "Hospital says conditions must be met for Jahi McMath's transfer". Los Angeles Times.
  14. ^ "Jahi McMath Family Cleared to Take Brain-Dead Teen From Hospital". NBC Bay Area.
  15. ^ Branson, Hailey (January 5, 2014). "Jahi McMath's body released from hospital". latimes.com. Retrieved January 9, 2014.
  16. ^ "Jahi McMath: 13-year-old brain-dead Oakland girl moved by family from hospital". Contra Costa Times.
  17. ^ "Brain dead girl Jahi McMath released from California hospital". CNN.
  18. ^ "Lawyer for Jahi McMath's family says brain dead teen is on feeding tube and 'improving'". nydailynews.com. January 8, 2014.
  19. ^ http://www.nytimes.com/2014/01/10/health/the-science-behind-brain-death.html
  20. ^ http://www.nytimes.com/2014/01/10/health/the-science-behind-brain-death.html
  21. ^ "Man declared dead feels pretty good".
  22. ^ "woma wakes as organs are being harvested".
  23. ^ "St. Joe's "dead" patient awoke as docs prepared to remove organs".