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According to court documents,<ref name="mercurynews1">{{cite web|url=http://www.mercurynews.com/health/ci_24765962/oakland-family-brain-dead-girl-seeks-injunction-keep|title=Judge grants restraining order keeping brain dead Oakland girl on ventilator through Monday|publisher=Oakland Tribune}}</ref> McMath was admitted to [[Children's Hospital Oakland]] on December 9, 2013 to perform an [[adenotonsillectomy]], [[uvulopalatopharyngoplasty]] and submucous resection of bilateral inferior [[turbinates]]. It was hoped these procedures would provide improved airflow during her sleep at night.
According to court documents,<ref name="mercurynews1">{{cite web|url=http://www.mercurynews.com/health/ci_24765962/oakland-family-brain-dead-girl-seeks-injunction-keep|title=Judge grants restraining order keeping brain dead Oakland girl on ventilator through Monday|publisher=Oakland Tribune}}</ref> McMath was admitted to [[Children's Hospital Oakland]] on December 9, 2013 to perform an [[adenotonsillectomy]], [[uvulopalatopharyngoplasty]] and submucous resection of bilateral inferior [[turbinates]]. 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, according to her mother Nailah Winkfield, asked for a Popsicle® while in the recovery room.<ref>{{cite news|url=http://www.contracostatimes.com/news/ci_24819771/document-appeal-describes-jahi-mcmaths-post-surgical-bleeding |title=Document: Appeal describes Jahi McMath's post-surgical bleeding before heart attack, brain death |publisher=Contra Costa Times |date=December 30, 2013 |accessdate=February 27, 2014}}</ref> She was later moved to the ICU before she started to bleed from her nose and mouth and went into [[cardiac arrest]]. The family has described the surgery as routine, while the hospital described the procedure as complicated in court documents.<ref>{{cite web|url=http://www.huffingtonpost.com/2013/12/21/jahi-mcmath-life-support_n_4485119.html |title=Jahi McMath, Girl Left Brain Dead From Routine Tonsillectomy, To Be Kept On Life Support |publisher=Huffingtonpost.com |date= |accessdate=February 19, 2014}}</ref> 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 [[legal death|legally dead]] and that life support systems would be removed.<ref name="mercurynews1"/> After the family petitioned <ref>{{cite web|title=Children's Hospital Oakland, Petitioner's Writ Petition Mcmath-12302013|url=http://www.scribd.com/doc/199529494/Children-s-Hospital-Oakland-Petitioner-s-Writ-Petition-Mcmath-12302013}}</ref> [[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 affirmed the diagnosis of brain death. According to Fisher, McMath had no activity on an [[electroencephalogram]], no blood flow to the brain and did not breathe when removed from mechanical ventilation.<ref>{{cite web|url=http://www.mercurynews.com/breaking-news/ci_24787952/jahi-mcmath-neurologist-present-test-results-at-closed?source=pkg|title=Jahi McMath: Judge denies petition to keep girl on ventilator past Dec. 30|publisher=San Jose Mercury News}}</ref><ref>{{cite web|url=http://www.mercurynews.com/nation-world/ci_24788294/document-hospitals-petition-opposing-an-independent-expert-asking|title=Document: Hospital's petition opposing an independent expert, asking to lift the order to keep Jahi McMath on life support|publisher=San Jose Mercury News}}</ref>
After the surgeries were performed, McMath was conscious and recovering and, according to her mother Nailah Winkfield, asked for a Popsicle® while in the recovery room.<ref>{{cite news|url=http://www.contracostatimes.com/news/ci_24819771/document-appeal-describes-jahi-mcmaths-post-surgical-bleeding |title=Document: Appeal describes Jahi McMath's post-surgical bleeding before heart attack, brain death |publisher=Contra Costa Times |date=December 30, 2013 |accessdate=February 27, 2014}}</ref> She was later moved to the ICU before she started to bleed from her nose and mouth and went into [[cardiac arrest]]. The family has described the surgery as routine, while the hospital described the procedure as complicated in court documents.<ref>{{cite web|url=http://www.huffingtonpost.com/2013/12/21/jahi-mcmath-life-support_n_4485119.html |title=Jahi McMath, Girl Left Brain Dead From Routine Tonsillectomy, To Be Kept On Life Support |publisher=Huffingtonpost.com |date= |accessdate=February 19, 2014}}</ref> During this time, blood flow to the brain was lost for an undisclosed period of time. On December 12, 2013 she was diagnosed with irreversible brain-dead by doctors at the hospital and her family was informed that, as her brain had died, she was [[legal death|legally dead]] and that life support systems would be removed.<ref name="mercurynews1"/> After the family petitioned <ref>{{cite web|title=Children's Hospital Oakland, Petitioner's Writ Petition Mcmath-12302013|url=http://www.scribd.com/doc/199529494/Children-s-Hospital-Oakland-Petitioner-s-Writ-Petition-Mcmath-12302013}}</ref> [[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 affirmed the diagnosis of brain death. According to Fisher, McMath had no activity on an [[electroencephalogram]], no blood flow to the brain and did not breathe when removed from mechanical ventilation.<ref>{{cite web|url=http://www.mercurynews.com/breaking-news/ci_24787952/jahi-mcmath-neurologist-present-test-results-at-closed?source=pkg|title=Jahi McMath: Judge denies petition to keep girl on ventilator past Dec. 30|publisher=San Jose Mercury News}}</ref><ref>{{cite web|url=http://www.mercurynews.com/nation-world/ci_24788294/document-hospitals-petition-opposing-an-independent-expert-asking|title=Document: Hospital's petition opposing an independent expert, asking to lift the order to keep Jahi McMath on life support|publisher=San Jose Mercury News}}</ref>


The family appealed the decision, calling for the hospital to continue [[life support]] measures until other arrangements could be made by the family.<ref>{{cite web|url=http://www.nbcbayarea.com/news/local/Urgent-Request-to-Keep-Jahi-McMath-8th-Grader-Alive-After-Tonsillectomy-236241341.html|title="Urgent" Request to Keep 8th Grader Jahi McMath on Life Support After Tonsillectomy|publisher=NBC Bay Area}}</ref><ref name="nbcbayarea1">{{cite web|url=http://www.nbcbayarea.com/news/local/Jahi-McMath-Family-Granted-Extension-to-Keep-Girl-on-Life-Support-238139271.html|title=Extension Granted to Keep Jahi McMath on Life Support|publisher=NBC Bay Area}}</ref>McMath's mother argued that applying the [[Uniform Determination of Death Act]] to the case, was a Constitutional violation of religious and privacy law.<ref>{{cite web|url=http://www.latimes.com/local/lanow/la-me-ln-jahi-mcmath-20131230,0,3497539.story?track=rss#axzz2pdxXO9QN|title=Hospital says conditions must be met for Jahi McMath's transfer|publisher=Los Angeles Times}}</ref> Her mother argued as long as Jahi's heart is still beating, she’s still alive.<ref>{{cite web|title=Jahi McMath's family seeks to move brain-dead girl to another facility|url=http://www.cnn.com/2013/12/26/health/jahi-mcmath-girl-brain-dead/|publisher=CNN|accessdate=27 December 2013}}</ref> <ref>{{cite web|title=When is someone dead?|url=http://www.bostonglobe.com/lifestyle/health-wellness/2014/02/03/when-someone-dead-biology-humanity-and-law/O3KnrNG6Ac4I6QkErhIYQM/story.html|publisher=Boston Globe|accessdate=03 February 2014}}</ref> [[Alameda County Superior Court]] granted an extension to keep McMath on a [[ventilator]] until January 7, 2014,<ref name="nbcbayarea1"/> but denied the request for hospital staff to insert [[tracheostomy]] and a [[feeding tube]].<ref>{{cite web|url=http://www.nbcbayarea.com/news/local/Jahi-McMath-Family-Back-in-Court-Lawyer-Declares-Hearing-A-Victory-238627721.html|title=Jahi McMath Family Cleared to Take Brain-Dead Teen From Hospital|publisher=NBC Bay Area}}</ref>
The family appealed the decision, calling for the hospital to continue [[life support]] measures until other arrangements could be made by the family.<ref>{{cite web|url=http://www.nbcbayarea.com/news/local/Urgent-Request-to-Keep-Jahi-McMath-8th-Grader-Alive-After-Tonsillectomy-236241341.html|title="Urgent" Request to Keep 8th Grader Jahi McMath on Life Support After Tonsillectomy|publisher=NBC Bay Area}}</ref><ref name="nbcbayarea1">{{cite web|url=http://www.nbcbayarea.com/news/local/Jahi-McMath-Family-Granted-Extension-to-Keep-Girl-on-Life-Support-238139271.html|title=Extension Granted to Keep Jahi McMath on Life Support|publisher=NBC Bay Area}}</ref>McMath's mother argued that applying the [[Uniform Determination of Death Act]] to the case, was a Constitutional violation of religious and privacy law.<ref>{{cite web|url=http://www.latimes.com/local/lanow/la-me-ln-jahi-mcmath-20131230,0,3497539.story?track=rss#axzz2pdxXO9QN|title=Hospital says conditions must be met for Jahi McMath's transfer|publisher=Los Angeles Times}}</ref> Her mother argued as long as Jahi's heart is still beating, she’s still alive.<ref>{{cite web|title=Jahi McMath's family seeks to move brain-dead girl to another facility|url=http://www.cnn.com/2013/12/26/health/jahi-mcmath-girl-brain-dead/|publisher=CNN|accessdate=27 December 2013}}</ref> <ref>{{cite web|title=When is someone dead?|url=http://www.bostonglobe.com/lifestyle/health-wellness/2014/02/03/when-someone-dead-biology-humanity-and-law/O3KnrNG6Ac4I6QkErhIYQM/story.html|publisher=Boston Globe|accessdate=03 February 2014}}</ref> [[Alameda County Superior Court]] granted an extension to keep McMath on a [[ventilator]] until January 7, 2014,<ref name="nbcbayarea1"/> but denied the request for hospital staff to insert [[tracheostomy]] and a [[feeding tube]].<ref>{{cite web|url=http://www.nbcbayarea.com/news/local/Jahi-McMath-Family-Back-in-Court-Lawyer-Declares-Hearing-A-Victory-238627721.html|title=Jahi McMath Family Cleared to Take Brain-Dead Teen From Hospital|publisher=NBC Bay Area}}</ref>

Revision as of 16:57, 27 February 2014

The Jahi McMath case centers on a 13-year-old girl in California who was declared brain-dead following surgery, her family's rejection of the medicolegal finding of death in this case and attempts to maintain her body on mechanical ventilation, and the objections of her doctors.[1][2][3][4]

On December 9, 2013, McMath suffered massive blood loss and consequent cardiac arrest after undergoing surgery aimed at relieving symptoms from sleep apnea. The loss of blood circulation caused fatal injuries to her brain, according to doctors at Children's Hospital Oakland. Her family refused to accept the medical declaration of death, asserted that McMath was not dead and initiated legal proceedings.[5][6][7][4] On January 3, 2014, the Alameda County coroner's office issued an unofficial death certificate for McMath with a date of December 12, 2013.[8] [9]

According to court documents,[10] McMath was admitted to Children's Hospital Oakland on December 9, 2013 to perform an adenotonsillectomy, uvulopalatopharyngoplasty and submucous resection of bilateral inferior turbinates. 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, according to her mother Nailah Winkfield, asked for a Popsicle® while in the recovery room.[11] She was later moved to the ICU before she started to bleed from her nose and mouth and went into cardiac arrest. The family has described the surgery as routine, while the hospital described the procedure as complicated in court documents.[12] During this time, blood flow to the brain was lost for an undisclosed period of time. On December 12, 2013 she was diagnosed with irreversible 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.[10] After the family petitioned [13] 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 affirmed the diagnosis of brain death. According to Fisher, McMath had no activity on an electroencephalogram, no blood flow to the brain and did not breathe when removed from mechanical ventilation.[14][15]

The family appealed the decision, calling for the hospital to continue life support measures until other arrangements could be made by the family.[16][17]McMath's mother argued that applying the Uniform Determination of Death Act to the case, was a Constitutional violation of religious and privacy law.[18] Her mother argued as long as Jahi's heart is still beating, she’s still alive.[19] [20] Alameda County Superior Court granted an extension to keep McMath on a ventilator until January 7, 2014,[17] but denied the request for hospital staff to insert tracheostomy and a feeding tube.[21]

On January 5, 2014, Children's Hospital released McMath's body to the Alameda County coroner, which then released her body to the custody of her mother.[22][23][24] The family moved the girl to an undisclosed location and inserted a tracheostomy and feeding tube.[25] As of February, 2014, the family says that the girl is alive and not a dead body.[26]

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. ^ Family, ethics, medicine and law collide in Jahi McMath’s life - or death, Cathy Lynn Grossman, Washington Post, Jan. 3, 2014
  3. ^ The Ethics Of Being Brain Dead: Doctors And Bioethicists Discuss Jahi McMath And Marlise Munoz, Liz Sabo, USA Today, Jan. 10, 2014
  4. ^ a b Banks, Sandy (January 3, 2014). "In Jahi McMath saga, science and religion clash". latimes.com. Retrieved January 9, 2014.
  5. ^ Fernandez, Lisa (December 21, 2013). "Judge Orders Oakland Hospital to Keep Jahi McMath on Life Support". NBC News.
  6. ^ "Jahi McMath's family, Oakland hospital discussing girl's transfer". CNN.com. Retrieved January 9, 2014.
  7. ^ Henry K. Lee. "Hospital agrees to let Jahi McMath family take girl". SFGate. Retrieved January 9, 2014.
  8. ^ "Jahi McMath's family, Oakland hospital discussing girl's transfer". The coroner's office said that the death certificate -- which still needs to be accepted by the health department to become official -- has a date of death of December 12, 2013
  9. ^ Branson, Hailey (January 5, 2014). "Jahi McMath, brain-dead teen, transferred to undisclosed location". latimes.com. Retrieved January 9, 2014.
  10. ^ a b "Judge grants restraining order keeping brain dead Oakland girl on ventilator through Monday". Oakland Tribune.
  11. ^ "Document: Appeal describes Jahi McMath's post-surgical bleeding before heart attack, brain death". Contra Costa Times. December 30, 2013. Retrieved February 27, 2014.
  12. ^ "Jahi McMath, Girl Left Brain Dead From Routine Tonsillectomy, To Be Kept On Life Support". Huffingtonpost.com. Retrieved February 19, 2014.
  13. ^ "Children's Hospital Oakland, Petitioner's Writ Petition Mcmath-12302013".
  14. ^ "Jahi McMath: Judge denies petition to keep girl on ventilator past Dec. 30". San Jose Mercury News.
  15. ^ "Document: Hospital's petition opposing an independent expert, asking to lift the order to keep Jahi McMath on life support". San Jose Mercury News.
  16. ^ ""Urgent" Request to Keep 8th Grader Jahi McMath on Life Support After Tonsillectomy". NBC Bay Area.
  17. ^ a b "Extension Granted to Keep Jahi McMath on Life Support". NBC Bay Area.
  18. ^ "Hospital says conditions must be met for Jahi McMath's transfer". Los Angeles Times.
  19. ^ "Jahi McMath's family seeks to move brain-dead girl to another facility". CNN. Retrieved December 27, 2013.
  20. ^ "When is someone dead?". Boston Globe. Retrieved 03 February 2014. {{cite web}}: Check date values in: |accessdate= (help)
  21. ^ "Jahi McMath Family Cleared to Take Brain-Dead Teen From Hospital". NBC Bay Area.
  22. ^ Branson, Hailey (January 5, 2014). "Jahi McMath's body released from hospital". latimes.com. Retrieved January 9, 2014.
  23. ^ "Jahi McMath: 13-year-old brain-dead Oakland girl moved by family from hospital". Contra Costa Times.
  24. ^ "Brain dead girl Jahi McMath released from California hospital". CNN.
  25. ^ "Lawyer for Jahi McMath's family says brain dead teen is on feeding tube and 'improving'". nydailynews.com. January 8, 2014.
  26. ^ "Jahi McMath: Complete text of letter from brain-dead girl's mother". San Jose Mercury News. February 20, 2014. Retrieved February 23, 2014. Thank you to all of the people who view my daughter as the sweet, innocent, 13 year old girl that she is and not a dead body or a corpse,
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