The Times West Virginian

Headline News

December 24, 2013

Judge tells Calif. hospital to keep treating teen

OAKLAND, Calif. — With a family fighting a hospital to keep their daughter who has been declared brain dead on life support, a California judge on Monday ordered the hospital to keep treating 13-year-old Jahi McMath for another week as a second medical evaluation is conducted.

Jahi experienced complications following a tonsillectomy at Children’s Hospital in Oakland.

As her family sat stone-faced in the front row of the courtroom, an Alameda County judge called for Jahi to be independently examined by Paul Graham Fisher, the chief of child neurology at Stanford University School of Medicine.

The judge also ordered the hospital to keep Jahi on a ventilator until Dec. 30, or until further order from the court.

The examination was expected to occur later on Monday, and early Tuesday.

Hospital staff and Fisher will conduct an electroencephalogram, or EEG, and tests to see if blood is still flowing to Jahi’s brain.

Doctors at Children’s Hospital concluded the girl was brain dead on Dec.  12 and wanted to remove her from life support.

Jahi’s family wants to keep her hooked up to a respirator, and eventually have her moved to another facility.

The family said they believe she is still alive, and that the hospital should not remove her from the ventilator without their permission.

“It’s wrong for someone who made mistakes on your child to just call the coroner ... and not respect the family’s feeling or rights,” Sandra Chatman, Jahi’s grandmother who is a registered nurse, said in the hallway outside the courtroom.

“I know Jahi suffered and it tears me up.”

The family’s attorney also asked Judge Evelio Grillo to allow a third evaluation by Paul Byrne, a pediatric professor at the University of Toledo. The hospital’s attorney objected to Byrne, saying he is not a pediatric neurologist.

The judge is expected to take up the request to use Byrne, and another hearing was scheduled for Tuesday morning, Christmas Eve.

Jahi’s family says the girl bled profusely after a tonsillectomy and then went into cardiac arrest before being declared brain dead.

Outside the courtroom, Dr. David Durand, chief of pediatrics at Children’s, said that staff have the “deepest sympathy” for the family, but that Jahi is brain dead.

“The ventilator cannot reverse the brain death that has occurred and it would be wrong to give false hope that Jahi will ever come back to life,” he said.

Durand said Jahi’s surgery was “very complex,” not simply a tonsillectomy.

“It was much more complicated than a tonsillectomy,” Durand said. He refused to elaborate, citing health care privacy laws.

Arthur L. Caplan, who leads the Division of Medical Ethics at NYU Langone Medical Center and is not involved in Jahi’s case, told the Associated Press that once brain death has been declared, a hospital is under no obligation to keep a patient on a ventilator.

“Brain death is death,” he said, adding, “They don’t need permission from the family to take her off, but because the little girl died unexpectedly and so tragically, they’re trying to soften the blow and let the family adjust to the reality.”

Often families confuse brain death with a coma or a permanent vegetative state, Caplan said, offering an analogy.

“A coma is like a television that has a picture with a lot of interference,” he said. “There’s brain activity, but something’s not right. A permanent vegetative state is when the screen is all snow. Brain death is when the set is unplugged. There is nothing on the screen.”

Keeping Jahi on a ventilator is also likely to cost thousands of dollars a day, he continued, and because she has been declared brain dead, is unlikely to be covered by health insurance.

Even if the court decides to remove Jahi from life support

Earlier Monday, Christopher Dolan, the family’s attorney, vowed to keep Jahi hooked to the ventilator through Christmas. He said he would file an appeal if the judge orders her removed from the machine on Tuesday.

“I am confident she’ll live through Christmas,” a visibly weary Dolan said after the hearing. Dolan said he is working the case for free after the family reached out for help a week earlier.

Given the very public battle over Jahi’s treatment, the judge pleaded with attorneys on both sides to continue speaking with each other and the family to help prepare for his eventual final order.

“This is a very, very charged case. The stakes are very high because there’s a young girl involved,” Grillo said.

1
Text Only
Headline News
  • Obama Exporting Pollu_time.jpg ‘Not in my backyard’: U.S. sending dirty coal abroad

    As  the Obama administration weans the U.S. off dirty fuels blamed for global warming, energy companies have been sending more of America’s unwanted energy leftovers to other parts of the world where they could create even more pollution.
    This fossil fuel trade threatens to undermine President Barack Obama’s strategy for reducing the gases blamed for climate change and reveals a little-discussed side effect of countries acting alone on a global problem. The contribution of this exported pollution to global warming is not something the administration wants to measure, or even talk about.

    July 28, 2014 1 Photo

  • U.S.: Russia fired rockets into Ukraine

    Stepping up pressure on Moscow, the U.S. on Sunday released satellite images it says show that rockets have been fired from Russia into neighboring eastern Ukraine and that heavy artillery for separatists has crossed the border.
    The images, which came from the U.S. Director of National Intelligence and could not be independently verified by The Associated Press, show blast marks where rockets were launched and craters where they landed. Officials said the images show heavy weapons fired between July 21 and July 26 — after the July 17 downing of Malaysia Airlines Flight 17.

    July 28, 2014

  • Plan to simplify health renewals may backfire

    If you have health insurance on your job, you probably don’t give much thought to each year’s renewal. But make the same assumption in one of the new health law plans, and it could lead to costly surprises.
    Insurance exchange customers who opt for convenience by automatically renewing their coverage for 2015 are likely to receive dated and inaccurate financial aid amounts from the government, say industry officials, advocates and other experts.
    If those amounts are too low, consumers could get sticker shock over their new premiums. Too high, and they’ll owe the tax man later.

    July 28, 2014

  • W.Va. Judge: WVU, IMG College deal is OK

    A judge has denied a motion by West Virginia Radio Corp. to toss the media rights contract between West Virginia University and IMG College.
    Media outlets report Monongalia County business court circuit judge Thomas Evans set aside a motion for summary judgment against WVU and others.
    West Virginia Radio was seeking to void any contract entered by WVU and IMG. West Virginia Radio unsuccessfully bid on the contract, then filed a motion for summary judgment in February, claiming school officials violated state procurement laws.
    Evans ruled the code cited by the plaintiffs didn’t apply to the $86.5 million, 12-year agreement reached last year.

    July 28, 2014

  • Powerful storms rip through eastern U.S.

    Powerful storms raking across several states in the eastern U.S. on Sunday have destroyed at least 10 homes in Tennessee, and there were no immediate reports of any deaths or injuries, authorities said.

    July 27, 2014

  • Lawmakers say Obama too aloof with Congress

    President Barack Obama’s request for billions of dollars to deal with migrant children streaming across the border set off Democrats and Republicans. Lawmakers in both parties complained that the White House — six years in — still doesn’t get it when it comes to working with Congress.

    July 27, 2014

  • U.S. faces intelligence hurdles in downing of airliner

    A series of unanswered questions about the downing of Malaysia Airlines Flight 17 shows the limits of U.S. intelligence gathering even when it is intensely focused, as it has been in Ukraine since Russia seized Crimea in March.

    July 27, 2014

  • House approves bill to boost child tax credit for some

    More families with higher incomes could claim the popular child tax credit under a bill that won approval Friday in the House. But in a dispute that divides Republicans and Democrats, millions of the poorest low-income families would still lose the credit in 2018, when enhancements championed by President Barack Obama are set to expire.

    July 26, 2014

  • U.S.: Russia firing across border into Ukraine

    Russia is launching artillery attacks from its soil on Ukrainian troops and preparing to move heavier weaponry across the border, the U.S. and Ukraine charged Friday in what appeared to be an ominous escalation of the crisis.
    Russia accused Washington of lying and charged Ukraine with firing across the border on a Russian village. It also toughened its economic measures against Ukraine by banning dairy imports.

    July 26, 2014

  • U.N. school in Gaza in cross-fire; 15 killed

    A U.N. school in Gaza crowded with hundreds of Palestinians seeking refuge from fierce fighting came under fire Thursday, killing at least 15 civilians and leaving a sad tableau of blood-spattered pillows, blankets and children’s clothing scattered in the courtyard.

    July 25, 2014

House Ads
Featured Ads