On Friday, March 16
, the Alameda County Superior Court will conduct a major case management conference
in Jahi McMath’s medical malpractice action.
One key management issue will be whether the parties will first litigate whether or not the guidelines utilized to determine Jahi dead meet the statutory definition of ”dead” under the Uniform Determination of Death Act.
Among the other issues the court will address is whether defendants can reassess whether Jahi is dead. Plaintiffs object because “the test would subject Jahi to grave injury or death” since the test means Jahi would be disconnected from her ventilator for 10 minutes.
Notably, the plaintiffs argue that “the notion that the current guidelines for the determination of death may not be appropriate after more than 30 years of use is not novel.” They cite the recent New Yorker article and the upcoming Harvard Medical School conference.
Those of you who are faithful readers of this Blog will recognize that this is a new chapter in the ongoing drama of Jahi McMath.
Jahi is a girl who, when she was 12 years old, was admitted to a hospital in Oakland, California for a routine tonsilectomy. During the operation she began to hemorrhage which the doctors could not or would not stop.
What raises questions about the case is that the hospital declared her brain dead so that they could harvest her organs for transplantation. The organs of a 12 year old child are worth $1,000,000 in the human organ medical industry which in 2017 recorded medical billings in the total sin excess of 34 BILLION DOLLARS.
Jahi’s parents fought the hospital but were unsuccessful in preventing the hospital from obtaining a Certificate of Death from the State (Peoples’ Republic) of California. Nevertheless they did succeed in transporting Jahi’s ‘body’ out of the hospital in Oakland to a hospital on the East Coast were she continues to live, while unable verbally communicate with her parents she does by physical movement communicate with them.
Jahi’s parents have thus far been unsuccessful in getting the State (Peoples’ Republic) of Californian to cancel its death certificate. So Jahi is dead on the West Coast and alive on the East Coast.
Hence this new litigation to try to resolve the legal mess created by the desire of the medical industry to harvest the organs of another 12 year old child.
At the same time the Jahi McMath case was unfolding in Oakland I was involved in a similar case involving a 12 year old boy in Corpus Christi (Joseph Cronin) who was declared brain dead by a local hospital so that his million dollars worth of organs could be harvested for transplantation. We succeeded in having him moved from Corpus Christi to New Jersey where, unfortunately a night nurse removed his breathing tube (some suspected that it was a case of mercy killing) and he died.
WARNING: If you have a teen-age child that must be admitted to a hospital, hire an armed guard to protect your child from the organ transplantation team ( I am only slightly exaggerating).
+Rene Henry Gracida