Jahi McMath case

Winkfield v. Children's Hospital Oakland et al
CourtUnited States District Court for the Northern District of California
Full case name Latasha 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

Jahi McMath was a thirteen-year-old girl who was declared brain dead in California following surgery in 2013. This led to a bioethical debate engendered by her family's rejection of the medicolegal findings of death in the case, and their efforts to maintain her body using mechanical ventilation and other measures. Her parents considered these measures to constitute life support, while her doctors considered this to be futile treatment of a deceased person.[3][4][5][6][7][8] In October 2014, the McMath family attorney 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 was not dead, but profoundly disabled.[14] The family lawyer stated that a preliminary second death certificate was issued on June 22, 2018, listing extensive bleeding relating to liver failure as the cause of death.[15]

  1. ^ "Winkfield v. Childrens Hospital Oakland et al Docket Report". December 30, 2013. Archived from the original on October 12, 2014. Retrieved September 18, 2014.
  2. ^ "Winkfield v. Childrens Hospital Oakland et al - Document 18". January 6, 2014. Archived from the original on March 3, 2014. Retrieved September 18, 2014.
  3. ^ Simon; Schoichet, Catherine E. (December 24, 2013). "Judge: California teen is brain dead after tonsil surgery". cnn.com. Archived from the original on January 6, 2014. 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. Archived from the original on June 29, 2018. Retrieved September 1, 2017.
  5. ^ Sabo, Liz (January 10, 2014). "The Ethics Of Being Brain Dead: Doctors And Bioethicists Discuss Jahi McMath And Marlise Munoz". USA Today. Archived from the original on January 18, 2014. Retrieved February 27, 2014.
  6. ^ Cite error: The named reference LATEthics was invoked but never defined (see the help page).
  7. ^ Veatch, Robert (January 2, 2014). "Let parents decide if teen is dead". CNN Opinion. Archived from the original on March 4, 2014. Retrieved February 27, 2014.
  8. ^ "Jahi McMath: Expert criticizes keeping girl on ventilator". Los Angeles Times. January 13, 2014. Archived from the original on October 6, 2014. Retrieved October 7, 2014.
  9. ^ 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. Archived from the original on October 6, 2014. Retrieved October 1, 2014.
  10. ^ Matier, Phillip; Ross, Andrew (October 3, 2014). "Videos show Mom coaxing, Jahi McMath moving". SF Gate. Archived from the original on October 3, 2014. Retrieved October 7, 2014.
  11. ^ 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. Archived from the original on October 3, 2014. Retrieved October 2, 2014.
  12. ^ Romney, Lee (October 2, 2014). "Tests show Jahi McMath has brain activity, lawyer says". Los Angeles Times. Archived from the original on October 4, 2014. Retrieved October 4, 2014.
  13. ^ "One Year Later, Jahi McMath Remains On Ventilator, Feeding Tubes After Fateful Tonsillectomy". CBS San Francisco. The Associated Press. December 15, 2014. Archived from the original on December 27, 2014. Retrieved December 27, 2014.
  14. ^ Cite error: The named reference contraconsta sues was invoked but never defined (see the help page).
  15. ^ Goldschmidt, Debra. "Jahi McMath, California teen at center of brain-death controversy, has died". CNN. Archived from the original on June 29, 2018. Retrieved June 29, 2018.