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Thread: Family of brain dead California girl battles hospital to keep machines on

  1. #271
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    Jahi McMath’s family wants her declared 'alive again’


    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.”

    If a judge sides with the family, it could lead to Jahi being cared for at state taxpayers’ expense — though Dolan insists that’s not the reason for his filing Tuesday in Alameda County Superior Court.

    The filing sets up the next chapter in the drama over 13-year-old Jahi, who has reportedly spent the past several months being looked after at a Roman Catholic hospital in New Jersey, at private expense.
    Jahi suffered cardiac arrest and was declared brain-dead by her doctors at UCSF Benioff Children’s Hospital Oakland in December after what was supposed to be a routine operation to deal with her sleep apnea. The girl’s family said she seemed fine coming out of surgery, but that blood soon started pouring from her nose and mouth, and she went into cardiac arrest.

    The Alameda County coroner signed her death certificate Dec. 12. Her family, however, insisted Jahi was still alive. Her mother said God might “spark her brain awake” and that she should have control over all medical decisions involving her daughter — including having Jahi kept on a ventilator.
    Judge Evelio Grillo of Alameda County Superior Court refused to order Children’s Hospital to do so, concluding Dec. 24 that there was “clear and convincing evidence that Jahi had suffered brain death.” Dolan, however, eventually won a court order allowing the family to take possession of the girl.

    In March, her uncle said Jahi was still unconscious and on a ventilator, but that she looked healthy and regularly moved her head, legs and arms.
    The uncle would not reveal Jahi’s location. Dolan said he would neither confirm nor deny published reports that she is in the pediatric intensive care unit at St. Peter’s University Hospital in New Brunswick, N.J.
    Nor would Dolan say who is paying for Jahi’s stay. He says the latest legal maneuver is not about money, but he acknowledged that “she would be eligible for the same state benefits as every other person not brain-dead on a ventilator, and who gets full medical care.”

    He added that the family wanted Jahi to be looked after in California “and not have somebody pull the ventilator on her if she is in the hospital.”
    If Jahi is declared alive, UCSF Benioff Children’s Hospital Oakland could be responsible for her medical costs.
    In a statement, hospital Senior Vice President David Durand said only that Children’s “extends it heartfelt sympathy” to Jahi’s family and that it would await a court ruling.
    In a filing with the court, 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.”
    Jahi McMath’s family wants her declared 'alive again’ - SFGate









    From the petition:


    http://thaddeuspope.com/images/jahidoc100214.pdf

    Seems interesting they have all this 'evidence' but have never provided any of it when milking people for donations.


    No surprise to anyone here, I'm sure, that the go fund me page hasn't received much in the way of donations recently - mostly showing minimum donations ($5) from people calling her a scammer and such a couple months ago.

    http://www.gofundme.com/Jahi-Mcmath

  2. #272
    Elite Member witchcurlgirl's Avatar
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    I want to be declared 25 again. Not going to happen for either of us.
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  3. #273
    Elite Member OrangeSlice's Avatar
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    For fuck's sake, this has gone on long enough. The family is just disgusting on every level. Let that poor child's body be at peace.
    "Schadenfreude, hard to spell, easy to feel." ~VenusinFauxFurs

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  4. #274
    Elite Member Kittylady's Avatar
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    I'm so disappointed by this bump. I was hoping that they'd finally let her go.
    pinkbunnyslippers likes this.
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  5. #275
    Elite Member ikmccall's Avatar
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    The family's lawyer should be disbarred

  6. #276
    Elite Member Kathie_Moffett's Avatar
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    Quote Originally Posted by witchcurlgirl View Post
    I want to be declared 25 again. Not going to happen for either of us.
    A class action lawsuit perhaps?
    Did you know that every time a parent gives in to their kid's whines and buys them candy at the checkout lane, a kitten gets diabetes?-Dlisted
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  7. #277
    Elite Member Flygirl's Avatar
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    They want to make sure they don't hit the $250,000 cap currently in place in California for wrongful death when they sue. If she is "alive" they will be able to sue for way more than that.

  8. #278
    Elite Member MsDark's Avatar
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    Assholes. I'd hoped when I saw this thread bumped this little girl was finally at peace.
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  9. #279
    Elite Member Laurent's Avatar
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    I would tattoo an X over that Talitha Cumi tat and try and play it off as an X-Files reference.
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  10. #280
    Elite Member Flygirl's Avatar
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    Wait, I just re-read that. She entered puberty? How is that possible?

  11. #281
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    Because her body is being kept "alive" by artificial means. Heart and lungs working, body keeps working. That's why the whole 'rotting" thing isn't true.

    Or they are lying.

  12. #282
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    So um, where are the EEG results at? If she is responding to verbal commands, wouldn't that show up as some sort of brain function on an EEG? Why is she still on a ventilator, if things are so "improved"?

  13. #283
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    Videos show Mom coaxing, Jahi McMath moving


    By Phillip Matier and Andrew Ross

    Updated 5:41 pm, Friday, October 3, 2014





    • Attorney Chris Dolan looks at an MRI of Jahi McMath at a news conference where he showed video that he says demonstrates that McMath is not brain dead in San Franicisco on Thursday, Oct. 3, 2014. Photo: Mathew Sumner / Special To The Chronicle


    To bolster his claim that Jahi McMath should be declared “alive again,” the attorney for the Oakland teenager’s family displayed video clips Thursday that he says show the girl responding to her mother’s requests to move her feet and hands.
    “Jahi suffered a serious brain injury — no doubt about it,’’ attorney Chris Dolan said. “But we question how accurate the brain-dead assessment is.”
    Doctors at UCSF Benioff Children’s Hospital Oakland declared the 13-year-old girl brain dead in December after she went into cardiac arrest following routine surgery to deal with sleep apnea. Her family has fought the hospital every step of the way and says she is still alive.
    Dolan said the goal was to “get the mantle of death off of her” so that Jahi can return to California from New Jersey, where she is being cared for by her mother, stepfather and sister at a private home.
    In one video clip, which the attorney said was shot within the past few days, Jahi’s mother, Nailah Winkfield, is seen coaxing her daughter to move her foot and toes.
    “Come on Jahi, you can do it,” Winkfield says, and after several seconds pass, the girl jerks her foot.
    In another clip, the mother urges Jahai to move her hand, which is holding a foam padded cup. The girl lifts the cup a few inches, then drops it.
    In both videos, Jahai is hooked up to a ventilator and feeding tube.
    Dolan also showed still photos of Jahi in a cherubic state with her hair neatly pulled up in a bun and her skin appearing smooth and healthy.
    The attorney said he would use the videos to support his filing this week in Alameda County Superior Court seeking to have a judge overturn his finding that there was “clear and convincing evidence” that doctors had properly declared Jahi brain dead.
    He showed off the videos to reporters in his Market Street office, in a presentation that featured two large TV screens and a phone hookup with the head of a brain research foundation in New Jersey who took part in tests on Jahi at Rutgers University medical school.
    If Dolan can persuade the court to overturn the judge’s death finding — as well as a subsequent ruling from the Alameda County coroner — she could be returned to her home in California, with the costs to care for her shifted to the state and possibly UCSF Benioff Children’s Hospital Oakland.
    Jahi can’t get health care in California now because of the declaration of brain death, Dolan said. “We can’t do anything now because under California law she is brain dead.”
    If nothing else, the photos and video call into question assertions by hospital representatives last year that Jahi’s body would soon deteriorate.
    In a court filing by the hospital in December, a critical care pediatrician at Children’s warned that “dramatic signs of the body’s deterioration will continue to manifest over time.’’
    Dolan, on a speaker phone with Philip DeFina, chairman and CEO of the International Brain Research Foundation in New Jersey, said researchers had conducted brain imaging and other tests on Jahi at Rutgers University with the assistance of medical school neurologist Charles Prestigiacomo and found she had measurable brain activity.
    “If the brain is dead, there is no electrical activity,” DeFina said.
    Stanford bioethics Professor David Magnus, who has not seen the video showing Jahi’s movements or DeFina’s findings, disputed the validity of any test that wasn’t an independent clinical exam conducted by a qualified neurologist.
    “I haven’t seen any signs or evidence that they have had such an evaluation,” he said. “The rest is smoke and mirrors.”
    Magnus added, “Patients (found brain dead) don’t recover — it’s irreversible. That would be groundbreaking, and a dramatic finding that would be problematic for the entire neurological community.’’
    DeFina said he wasn’t questioning the findings of Children’s examining doctors, but rather the adequacy of the test for brain death that was developed in the 1960s and is still the standard.
    Videos show Mom coaxing, Jahi McMath moving - SFGate





    Published on Oct 3, 2014
    Jahi McMath being asked to move her foot by her mother on May 20th 2014.

    https://www.youtube.com/watch?v=jsSeM0RVKuA


    Published on Oct 3, 2014
    Jahi McMath moves her hand twice by her mothers request.
    https://www.youtube.com/watch?v=yh4YC-XjG9k

    The 2nd video doesn't say when it was filmed, but apparently the first was filmed 20th May this year..... I wonder if all of the other evidences are as outdated? So if they truly believed this shows Jahi is still alive and not brain dead, why did they wait so many months in order to try and get her death status changed? Also I don't think 2 short clips prove anything, even the foot one takes Jahi 38 seconds to 'respond' to her mother telling her to move her foot. I think involuntary.
    Last edited by Janus; October 4th, 2014 at 01:40 PM.

  14. #284
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    Oct 3 by NotReady4PrimeTime Senior Moderator
    I enlarged the MRI image behind Mr Dolan in the KPIX file. Even though the photo was taken at an angle to the image, it's markedly abnormal. There's significant loss of gray-white differentiation in the cerebral cortex; the straight sinus in the tentorium cerebellus is widely dilated, as are the lateral ventricles; the cerebellum itself appears amorphous, with no visible sulci; the sella turcica appears to be obliterated as has the pons; there's an increased amount of CSF in the fourth ventricle; there is one large and four smaller infarcted areas near the corpus callosum (actually, I don't even see a corpus callosum) and within the lateral ventricles. All the extra fluid represents areas of necrosis where tissue has been lysed and resorbed.

    The information provided regarding her moving to commands is not compelling. The fact that she's completely covered except for her head and feet when the "she moves her foot!" part was recorded may conceal a nerve stimulator used to cause the twitch seen. 40 seconds is a long delay and the movement could represent random muscle movement. I'd have to see several minutes of footage, if not more, to be satisfied that the movement observed was voluntary.

    Something else is niggling at me. By report she's currently a patient in a PICU in New Brunswick, NJ. Why would someone in a vegetative state, trached and G-tubed, require care in an ICU? When I worked peds extended care many years ago, we had a patient in a vegetative state such as Jahi's. He was an infant who suffered cardiac arrest following a major aspiration. This child opened his eye but didn't move except when he seized or when he postured. He was trached and G-tubed and was not an ICU patient. His care was pretty straight-forward and the only advanced training a nurse needed to care for him was tracheal suctioning. In the community he would have been cared for by an LPN. He survived more than a year after his arrest before dying after a prolonged seizure. So again, why does Jahi remain in an ICU?
    Girl brain dead part deux - pg.44 | allnurses

    11:48 am by LoveMyBugs
    Looks like spinal reflexes to me. I think of my spinal cord injured patients that I have taken care of, the cord is completely severed, but if you touch the leg or arm, both arms or both legs or depending on the injury will contact, spasm, move. Without the brain being aware.
    Without being able to see both sides of her body, someone could have been on the other side of her lightly touching her to trigger the reflex.
    The second time she moved, it was bilaterally spams.
    Regardless of if she has miraculously gained brain function or not. What is her quality of life really going to be.
    This poor child needs to be at peace and mom needs a reality check, this is just so sad it has gone on this long
    12:12 pm by JustBeachyNurse
    I've seen the same involuntary movement in a teen with a C2-5 complete SCI ( fracture with chord severed post injury at C4/5) that is over a decade old. Sometimes random sometimes in response to external stimulus such as a splint.

    So IMHO not in response to mom's thoughts voice no matter how much she thinks that's the case.

    And since when is an adolescent psychologist with experience in adolescent behavior disorders and some extreme autism qualified to order, perform and interpret an EEG. Likely not accounting for interference from the ventilator.
    Girl brain dead part deux - pg.45 | allnurses


    Dolan is supposed to file his "expert witness" statements and other evidence today, and a hearing is scheduled for the 9th. There's a picture of one sagittal slice from Jahi's September 26th MRI pictured behind him in a picture taken at a recent PR event he did and can be seen here...

    http://www.sfgate.com/bayarea/articl...#photo-6945895

    It is grossly abnormal in oh so many ways, including the marked atrophy of structures and replacement of a significant volume of the brain with cerebral spinal fluid and/or gliosis that can be clearly seen in the image...and that's just one slice. However, I can see how he might be able to impress people who don't know what they're looking at with that image.
    http://www.justicequest.net/forums/s...8&postcount=92



    Abstract

    Spontaneous and reflex movements may occur in brain-dead patients. These movements originate from spinal cord neurons and do not preclude a brain-death diagnosis. In this study, we sought to determine the frequency and characteristics of motor movements in patients who fulfilled diagnostic criteria for brain death.
    Patients admitted to our department between January 2000 and March 2003 and diagnosed as brain-dead were prospectively evaluated in terms of spinal reflexes. Clinical brain death was diagnosed according to our national law. We also prefer to document the diagnosis of brain death with an EEG and/or TCD. Spinal reflex movements were observed in 18 out of 134 (13.4%) brain-dead patients during the study period. Lazarus sign, the most dramatic and complex movement seen in brain-dead patients, was observed a few times in two patients during an apnea test, an oculocephalic test, after a painful stimulus, and after removal of a ventilator. The other reflex movements observed in our brain-dead patients were finger and toe jerks, extension at arms and shoulders, and flexion of arms and feet.
    The occurrence of spinal reflexes in brain-dead patients may certainly delay decision making, such as starting a transplantation procedure, because of difficulties in convincing the family or even a physician taking part in the diagnosis of brain death. An awareness of spinal reflexes may prevent delays in and misinterpretations of the brain-death diagnosis.
    Frequency of spinal reflex movements in brain-dead patients
    Kathie_Moffett likes this.

  15. #285
    Elite Member greysfang's Avatar
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    Whoa, that mri is not normal at all. Not even close.
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