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Jahi McMath case

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Winkfield v. Children's Hospital Oakland et al
CourtUnited States District Court for the Northern District of California
Full case nameLatasha Winkfield, an individual parent and guardian of Jahi McMath, a minor vs Children's Hospital Oakland, Dr David Durand M.D. and DOES 1 through 10, inclusive
CitationDocket report [1]
Case history
Prior historyAlameda County Case No. RP-13-707598[2]
Holding
Settlement conference rendered mutually accepted agreement, motion denied as moot, VACATED
Case opinions
Per curiam

The Jahi McMath case centers on a teenaged girl who was declared brain dead in California following surgery in 2013, when she was 13, and the bioethical debate surrounding her family's rejection of the medicolegal findings of death in this case, and their efforts to maintain her body on mechanical ventilation and other measures, which her parents considered to constitute life support of their child but which her doctors considered to be futile treatment of a deceased person.[3][4][5][6][7][8] In October 2014, the McMath family attorney presented new evidence and made the unprecedented request that Jahi McMath's brain death declaration be overturned. The attorney later withdrew this request, saying he wanted time for the court-appointed medical expert and his own medical experts to confer.[9][10][11][12][13] In March 2015, McMath's family filed a malpractice lawsuit against Children's Hospital Oakland and against the surgeon who performed McMath's surgery indicating they were prepared to argue as part of the lawsuit that McMath is not dead.[14]

Background

According to court documents,[15] 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. The hospital described these procedures as complicated. The family described the surgery as a routine tonsillectomy in media reports.[16][17]

After the surgeries were performed, McMath was conscious and according to her mother Latasha "Nailah" Winkfield,[17][18][19] asked for a Popsicle while in the recovery room.[20] On December 9, 2013, McMath suffered massive blood loss and consequent cardiac arrest. According to McMath's doctors at Children's Hospital Oakland, the loss of blood circulation caused whole brain death. Her family refused to accept the medical declaration of death by neurological criteria, said that McMath was not dead, and initiated legal proceedings in an effort to require the hospital to continue treatment.[6][21][22][23][24][25] 

On December 12, 2013, her doctors declared her brain-dead.[3] Her family was informed that she was legally dead,[26] and that as a result, life support systems would be discontinued.[15]

On December 20, 2013, McMath's family filed a lawsuit in Alameda County Superior Court, petitioning the court to require Children's Hospital Oakland to keep McMath on life support. In a pretrial conference on December 23, Judge Evelio Grillo appointed Paul Graham Fisher, M.D., the chief of Child Neurology at Stanford University School of Medicine, to provide an independent medical opinion regarding the declaration of brain death. McMath's family also requested to have Paul A. Byrne, M.D. conduct a separate evaluation. Byrne, a pediatric neonatologist, has campaigned against the medical consensus of accepting brain death as death.[27][28][29] The court denied that request.[30]

Fisher examined McMath and affirmed the diagnosis of brain death, reporting that she had no activity on an electroencephalogram, no blood flow to the brain and did not breathe when removed from mechanical ventilation, all of which are standard clinical indications of total brain death.[31][32]

On December 24, 2013, Judge Grillo ruled that McMath was legally dead,[33] basing his decision on the medical evidence presented by physicians from Children's Hospital Oakland and from independent expert Paul Fisher, but ruled to require the hospital to continue mechanical ventilation until December 30, 2013,[31] later extending this order until January 7, 2014.[33] Grillo told the family "This has been very, very hard on you. No one anywhere would wish this to happen to anyone."[31]

On December 30, 2013, the family appealed the decision to the Second District, California Courts of Appeal[30] and the United States District Court for the Northern District of California, calling for the hospital to continue life support measures until other arrangements could be made by the family for the girl's care.[33] McMath's mother argued that applying the Uniform Determination of Death Act to the case was a violation of constitutional religious and privacy rights[34] and that because Jahi's heart was still beating, she was still alive.[35] Byrne stated in court documents that he witnessed McMath move in the hospital and that he considered her to be alive.[36] The hospital stated that it would be unethical and "grotesque" to require the hospital and its doctors to provide further medical care to a dead body[37] and said that Byrne was "a crusader with an ideology-based bias"[3] The hospital also said that Lazarus signs are not uncommon in cases of brain death.[34] After the hospital and McMath's family engaged in settlement talks, an agreement was facilitated in which McMath could be released from Children's Hospital, with the ventilator and her intravenous fluid lines, to the custody of her mother, but the United States District Court for the Northern District of California denied the family's petition to require hospital staff to perform a tracheostomy and insert a feeding tube.[24]

Transfer

On January 5, 2014, Children's Hospital released McMath's body to the Alameda County coroner. The coroner's office had issued an unofficial death certificate for McMath on January 3, 2014, with the date of death listed as December 12, 2013. The death certificate was incomplete, pending an autopsy to determine cause of death.[38] After receiving custody of her body from Children's Hospital, the Coroner then released her to the custody of her mother, who was warned of and assumed all risk regarding cardiac arrest during the transfer.[39][40][41] The family moved the girl to an undisclosed location where a tracheostomy was performed and a feeding tube was inserted.[42]

Commentary

This case has prompted some commentators to discuss the futility of life support in such cases and even refer to it as "death support".[43] Other questions that have been raised include how California law treats brain death and whether McMath's case could change existing laws and practices.[44] McMath's attorney, Christopher Dolan said, "There would have been no legal battle if Jahi had had her tonsils out in New Jersey”, referring to a New Jersey state law allowing religious objection to a declaration of death on the basis of neurological criteria.[45] Public confusion surrounding differences between brain death and cardiac death raised by this case, led some doctors to voice concern about how the case could affect live organ recovery from brain dead patients.[46] The impact of this case on medical negligence awards in California has also been discussed, as there is no compensation limit if the patient is alive, while compensation is capped at $250 000 if the patient has died.[47]

Aftermath

In March 2014, the Terri Schiavo Life and Hope Network awarded McMath's family an annual award. The award recognizes "the unconditional love they have for Jahi, and their courage as they continue the fight for their daughter against overwhelming odds". McMath's mother stated she was honored to receive the award and referred to her daughter as “still asleep”, clarifying she does not use the phrase "brain dead" to refer to her daughter.[48][49]

According to media reports,[50] McMath was at a Catholic hospital in New Jersey[51] until August 2014[52] after which she was moved to a New Jersey apartment.[53][52]

In October 2014, McMath's attorney, Christopher Dolan, held a press conference where he said that recent medical tests had detected blood flow and electrical activity in McMath's brain and where he released videos which he said showed the girl move on command.[10][12] At that time, Dolan also filed documents asking that the Alameda County Superior Court reverse their finding of brain death in the case.[9][10][11][12] Paul Fisher, M.D., the court appointed independent expert who had confirmed McMath’s diagnosis of brain death in December 2013, said that the new evidence presented did not refute his earlier determination of brain death.[54][55] Dolan then withdrew the petition for the October 2014 court hearing[56] and requested that the involved doctors collaborate, stating that "with an open and transparent dialogue between health care professionals, only one conclusion can remain: that Jahi McMath is not brain dead."[54][57][55][53][58][13]

In March 2015, McMath’s family filed a malpractice lawsuit against Children’s Hospital Oakland and against Dr. Frederick Rosen, the surgeon who performed McMath’s surgery.[59] The lawsuit alleges the surgeon noted an abnormal artery in McMath’s throat but did not notify the nurses that this placed the girl at increased risk for serious hemorrhaging.[60] Additionally, the lawsuit alleges McMath bled from approximately 7:30pm to 12:35am,[60] that a doctor said “(expletive), her heart stopped” when he arrived hours after the family said they requested a doctor,[59] and that the family was given conflicting information from nurses regarding how to care for McMath’s bleeding.[60] The family also claims that the hospital pressured them to donate McMath’s organs.[61]

McMath's family and Bruce Brusavich, the family's malpractice attorney, have indicated that they are prepared to argue that McMath is not brain dead so that the California state limit of $250,000 on medical malpractice lawsuits involving children who die does not apply in her case.[60]

See also

References

  1. ^ "Winkfield v. Childrens Hospital Oakland et al Docket Report". December 30, 2013.
  2. ^ "Winkfield v. Childrens Hospital Oakland et al - Document 18". January 6, 2014.
  3. ^ a b c Simon; Schoichet, Catherine E. (December 24, 2013). "Judge: California teen is brain dead after tonsil surgery". cnn.com. Retrieved January 9, 2014.
  4. ^ Grossman, Cathy Lynn (January 3, 2014). "Family, ethics, medicine and law collide in Jahi McMath's life - or death". Washington Post.
  5. ^ Sabo, Liz (January 10, 2014). "The Ethics Of Being Brain Dead: Doctors And Bioethicists Discuss Jahi McMath And Marlise Munoz". USA Today.
  6. ^ a b Banks, Sandy (January 3, 2014). "In Jahi McMath saga, science and religion clash". latimes.com. Retrieved January 9, 2014.
  7. ^ Veatch, Robert (January 2, 2014). "Let parents decide if teen is dead". CNN Opinion. Retrieved February 27, 2014.
  8. ^ "Jahi McMath: Expert criticizes keeping girl on ventilator". Los Angeles Times. January 13, 2014. Retrieved October 7, 2014.
  9. ^ a b DeBolt, David; Bender, Kristin J. (October 1, 2014). "Jahi McMath: Family seeks to have brain-death ruling overturned, girl declared alive". San Jose Mercury News. Retrieved October 1, 2014.
  10. ^ a b c Matier, Phillip; Ross, Andrew (October 3, 2014). "Videos show Mom coaxing, Jahi McMath moving". SF Gate. Retrieved October 7, 2014.
  11. ^ a b DeBolt, David (October 2, 2014). "Jahi McMath: Attorney shows video he says proves Oakland girl moves feet, hands at mother's commands". San Jose Mercury News. Retrieved October 2, 2014.
  12. ^ a b c Romney, Lee (October 2, 2014). "Tests show Jahi McMath has brain activity, lawyer says". Los Angeles Times. Retrieved October 4, 2014.
  13. ^ a b "One Year Later, Jahi McMath Remains On Ventilator, Feeding Tubes After Fateful Tonsillectomy". CBS San Francisco. The Associated Press. December 15, 2014. Retrieved December 27, 2014.
  14. ^ Debolt, David (March 3, 2015). "Jahi McMath: Oakland girl's family sues hospital, surgeon". Contra Costa Times. Retrieved March 20, 2015.
  15. ^ a b Bender, Kristin J.; Alund, Natalie Neysa (December 21, 2013). "Judge grants restraining order keeping brain dead Oakland girl on ventilator through Monday". San Jose Mercury News. Oakland Tribune. Retrieved February 27, 2014.
  16. ^ Collins, Terry (December 21, 2013). "Jahi McMath, Girl Left Brain Dead From Routine Tonsillectomy, To Be Kept On Life Support". Huffingtonpost.com. Retrieved February 19, 2014.
  17. ^ a b Fernandez, Lisa; Smith, Christie (December 17, 2013). ""Urgent" Request to Keep 8th Grader Jahi McMath on Life Support After Tonsillectomy". NBC Universal Media. Retrieved October 7, 2014.
  18. ^ "Statements in Response to Media Coverage December 2013". Retrieved October 7, 2014.
  19. ^ Fernandez, Lisa (January 2, 2014). ""Burning Up the Phones" to Find Center for Jahi McMath: Attorney". NBC Universal Media. Retrieved October 7, 2014.
  20. ^ "Document: Appeal describes Jahi McMath's post-surgical bleeding before heart attack, brain death". Contra Costa Times. December 30, 2013. Retrieved February 27, 2014.
  21. ^ Mungin, Lateef; Condor, Chuck (January 4, 2014). "Jahi McMath's family, Oakland hospital discussing girl's transfer". CNN.com. Retrieved January 9, 2014.
  22. ^ Fernandez, Lisa (December 21, 2013). "Judge Orders Oakland Hospital to Keep Jahi McMath on Life Support". NBC Universal Media.
  23. ^ Lee, Henry K. (January 3, 2014). "Hospital agrees to let Jahi McMath family take girl". SFGate. Retrieved January 9, 2014.
  24. ^ a b "Jahi McMath Family Cleared to Take Brain-Dead Teen From Hospital". NBC Universal Media. Associated Press. January 4, 2014. Retrieved February 27, 2014.
  25. ^ Branson, Hailey (January 5, 2014). "Jahi McMath, brain-dead teen, transferred to undisclosed location". Los Angeles Times. Retrieved January 9, 2014.
  26. ^ Gafni, Matthias (December 21, 2013). "Oakland: Emotional letter from Jahi McMath's mom to keep daughter 'warm'". San Jose Mercury News. Contra Costa Times. Retrieved August 14, 2014.
  27. ^ "OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER LIFE SUPPORT AND THE INSTALLATION OF A TRACHEOSTOMY TUBE AND GASTRIC FEEDING TUBE TO ALLOW TRANSPORTATION OF JAHI MCMATH" (PDF). United States District Court for the Northern District of California. January 7, 2014. Retrieved October 7, 2014.
  28. ^ Vincent, Stephen (January 14, 2014). "Jahi McMath Case Renews Moral Debate Over Brain-Death Diagnoses". National Catholic Register. Retrieved October 7, 2014.
  29. ^ "Calif. judge: Brain-dead teen can be taken off life support". CBS News. Associated Press. December 24, 2013. Retrieved October 7, 2014.
  30. ^ a b "Children's Hospital Oakland, Petitioner's Writ Petition Mcmath-12302013".
  31. ^ a b c DeBolt, David; Hurd, Rick (December 24, 2013). "Jahi McMath: Judge denies petition to keep girl on ventilator past Dec. 30". San Jose Mercury News. Retrieved February 27, 2014.
  32. ^ "Document: Hospital's petition opposing an independent expert, asking to lift the order to keep Jahi McMath on life support". San Jose Mercury News. December 24, 2013. Retrieved February 27, 2014.
  33. ^ a b c "Extension Granted to Keep Jahi McMath on Life Support". NBC Universal Media. December 31, 2013. Retrieved February 27, 2014.
  34. ^ a b Romney, Lee (December 30, 2013). "Hospital says conditions must be met for Jahi McMath's transfer". Los Angeles Times. Retrieved February 27, 2014.
  35. ^ Ford, Dana (December 27, 2013). "Jahi McMath's family seeks to move brain-dead girl to another facility". CNN. Retrieved December 27, 2013.
  36. ^ Fernandez, Lisa (January 9, 2014). "Catholic Organization Says Jahi McMath "With Jesus Christ"". NBC Universal Media. Retrieved March 6, 2014.
  37. ^ Gafni, Matthias; O'Brien, Matt; Neysa Alund, Natalie; Bender, Kristin J. (January 3, 2014). "Jahi McMath: Mom can remove brain-dead daughter from hospital, judge rules". San Jose Mercury News. Retrieved October 10, 2014.
  38. ^ Mungin, Lateef; Condor, Chuck (January 4, 2014). "Jahi McMath's family, Oakland hospital discussing girl's transfer". CNN. Retrieved October 7, 2014. 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
  39. ^ Branson, Hailey (January 5, 2014). "Jahi McMath's body released from hospital". Los Angeles Times. Retrieved January 9, 2014.
  40. ^ DeBolt, David; Bender, Kristin J.; Hurd, Rick (January 5, 2014). "Jahi McMath: 13-year-old brain-dead Oakland girl moved by family from hospital". Contra Costa Times. Retrieved February 27, 2014.
  41. ^ Payne, Ed; Shoichet, Catherine E.; Hanna, Jason (January 7, 2014). "Brain dead girl Jahi McMath released from California hospital". CNN. Retrieved February 27, 2014.
  42. ^ Golgowski, Nina (January 8, 2014). "Lawyer for Jahi McMath's family says brain dead teen is on feeding tube and 'improving'". New York Daily News. Retrieved April 17, 2015.
  43. ^ Landau, Elizabeth (December 29, 2013). "When 'life support' is really 'death support'". CNN. Retrieved August 15, 2014.
  44. ^ Gafni, Matthias (January 25, 2014). "Jahi McMath: Could her case change how California determines death?". San Jose Mercury News. Retrieved March 3, 2014.
  45. ^ Dolan, Christopher (January 21, 2014). "McMath attorney: Jahi's family aren't fools; they deserve better than ignorant attacks". Los Angeles Times. Retrieved April 10, 2014.
  46. ^ Eachempati, Soumitra R. (January 4, 2014). "A Tragedy Compounded: The Heart-Wrenching Case of Jahi McMath May Have Devastating Consequences to Organ Donation". The Daily Beast. Retrieved October 10, 2014.
  47. ^ Fagel, Mari (January 24, 2014). "How an Outdated California Law Is Impacting the Jahi McMath Case". Huffington Post. Retrieved October 10, 2014.
  48. ^ Gafni, Matthias (February 27, 2014). "Jahi McMath's family to get award from Terri Schiavo foundation". Contra Costa Times. Retrieved March 1, 2014.
  49. ^ Fernandez, Lisa (March 27, 2014). "Jahi McMath's Family to Be Honored by Terri Schiavo Network". NBC Universal Media. Retrieved April 5, 2014.
  50. ^ Ioffee, Karina; DeBolt, David (June 18, 2014). "Jahi McMath being kept at New Jersey hospital". Retrieved October 7, 2014.
  51. ^ Vazquez, Joe (June 8, 2014). "13-Year-Old Jahi McMath Moved To New Jersey Hospital, Lawyer Says Condition Improving". CBS Local Media. Retrieved October 7, 2014.
  52. ^ a b Lupkin, Sydney (December 16, 2014). "Why Jahi McMath's Mom Is Sure Her Daughter Isn't Brain Dead". Yahoo News. Retrieved December 26, 2014.
  53. ^ a b "Doctor: No evidence of life in brain-dead girl". CBS News. October 9, 2014. Retrieved December 26, 2014.
  54. ^ a b Debolt, David (October 9, 2014). "Stanford doctor who examined Jahi McMath last year sticks by diagnosis that she is brain-dead". Contra Costa Times. Retrieved October 9, 2014.
  55. ^ a b Lagos, Marisa (October 9, 2014). "Jahi McMath hearing postponed after doctor's determination". SFGate. Retrieved October 9, 2014.
  56. ^ Gorman, Steve (October 10, 2014). "Family seeks medical consensus for California girl declared brain dead". Reuters. Retrieved October 15, 2014.
  57. ^ Morozova, Daria (October 9, 2014). "New Documentation presented by Jahi's Attorney is not enough, says Dr. Paul Fisher". Maine News. Retrieved October 10, 2014.
  58. ^ Vitez, Michael (October 23, 2014). "Teen's case adds to debate over brain death". The Philadelphia Inquirer. Retrieved October 23, 2014.
  59. ^ a b Rocha, Veronica (March 3, 2015). "Family of Jahi McMath sues doctor, Oakland hospital over brain damage". LA Times. Retrieved March 20, 2015.
  60. ^ a b c d Debolt, David (March 3, 2015). "Jahi McMath: Oakland girl's family sues hospital, surgeon". Contra Costa Times. Retrieved March 20, 2015.
  61. ^ Hutchinson, Dave (March 6, 2015). "Family of N.J. girl declared dead files malpractice suit claiming hospital pressured them for organs". NJ.com. Retrieved April 17, 2015.
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