National News

January 1, 2014

Hospital won’t aid transfer of girl on ventilator

OAKLAND, Calif. — A California hospital is unwilling to allow an outside doctor to fit a 13-year-old declared brain dead after tonsil surgery with the breathing and feeding tubes that would allow her to be safely transferred to another facility, its lawyer said Tuesday.

Children’s Hospital Oakland will not permit the procedures to be performed on its premises because Jahi McMath is legally dead in the view of doctors who have examined her, lawyer Douglas Straus wrote in a letter to the girl’s family.

“Performing medical procedures on the body of a deceased human being is simply not something Children’s Hospital can do or ask its staff to assist in doing,” he said.

The refusal reversed the position articulated on Monday by a hospital spokesman. He said the hospital would allow a doctor retained by the family to insert a feeding tube and to replace the oral ventilator keeping Jahi’s heart beating with a tracheal tube — surgical procedures that would stabilize Jahi if she is moved to a facility willing to keep caring for her.

Christopher Dolan, the lawyer for Jahi’s mother, Nailah Winkfield, said he received the news as he tried to confirm the conditions under which the hospital would have allowed a visiting doctor and nail down the long-term care facility that might accept the girl as a patient. Dolan said he has been talking with the New Beginnings Community Center in Medford, N.Y., an outpatient client for people with traumatic brain injuries, and with an unnamed facility in Arizona.

The New York facility didn’t immediately return calls seeking comment.

“They’re speaking out of both sides of their mouths. They say one thing and we go down that road, and then they say something else,” Dolan said of hospital officials. “The hospital said, ‘Bring us a doctor’ and we said, ‘Tell us the conditions’ and now, they’ve wasted a half a day of our time. We don’t have much time.”

Meanwhile, a state appeals court on Tuesday refused to order the hospital to insert the tubes, saying the issue has to go first to the lower court judge who has ordered the hospital to keep the girl on a ventilator until Jan. 7 pending the family’s appeal. The 1st District Court of Appeal said it would consider the issue at a later date, if necessary.

Straus, the hospital’s lawyer, reiterated in his letter that the hospital would release the girl’s body as soon as her family provided a detailed plan outlining how the move would be accomplished and written permission from the coroner. But he said neither has been submitted.

“No facility has stated, unconditionally or otherwise, that it is prepared to immediately accept Jahi’s body,” he wrote.

Jahi underwent a tonsillectomy and related procedures at Children’s Hospital on Dec. 9 to treat sleep apnea. Her family said she went into cardiac arrest after she started coughing up blood in the recovery room. She was declared brain dead three days later. The hospital then moved to take her off the machines that are keeping her heart and lungs going a few days before Christmas.  

Doctors at Children’s Hospital and an independent pediatric neurologist from Stanford University have concluded Jahi is brain dead.

Her family, citing religious beliefs and the hope that she will pull through, wants to continue life support. Alameda County Superior Court Judge Evelio Grillo initially ruled that doctors could remove her from the ventilator at 5 p.m. Monday, but two hours before the deadline gave the family another week to find a place to move her.

Straus filed papers on Monday in both the state appeals court and in a federal court where Jahi’s mother also has sued. He is opposing the family’s request for an emergency order to keep Jahi on a ventilator indefinitely.  

“The Superior Court correctly concluded, after three days of hearings and based on uncontroverted evidence, that Ms. McMath is, sadly, deceased,” the papers state. “Turning off a ventilator that assists in delivery of oxygen of a dead person causes no irreparable harm — regardless of the parental or religious beliefs of the decedent’s family.”

The federal court has said it does not plan to act on the request until the case has worked its way through the state courts.

———

Leff reported from San Francisco. Associated Press writer Channing Joseph in San Francisco contributed to this report.

 

1
Text Only
National News
  • Players protest rehiring of fired Minnesota coach

    The University of Minnesota-Mankato football team Wednesday boycotted the fired head coach who won his job back in an arbitrator's ruling last week, nearly two years after fighting accusations of child pornography and other misconduct.

    April 16, 2014

  • A year after background check defeat, modest goals

    Democratic worries about this November’s elections, a lack of Senate votes and House opposition are forcing congressional gun-control supporters to significantly winnow their 2014 agenda, a year after lawmakers scuttled President Barack Obama’s effort to pass new curbs on firearms.

    April 16, 2014

  • Dress codes: Where should schools set limits?

    They’re called leggings — popular fashion items that are tight-fitting pants to some, and glorified tights to others.

    April 16, 2014

  • 10 Things to Know for Today

    Your daily look at late-breaking news, upcoming events and the stories that will be talked about today.

    April 16, 2014

  • Police: Suspected killers wore GPS devices

    Two convicted sex offenders dutifully checked in with police every month and wore their GPS trackers around the clock — the rules of parole that are designed to tip off authorities if a freed felon backslides.

    April 15, 2014

  • Questions linger year after Boston Marathon bombs

    A surveillance video shows a man prosecutors say is Dzhokhar Tsarnaev placing a bomb near the finish line of the Boston Marathon, just yards from where an 8-year-old boy was killed when it exploded.

    April 15, 2014

  • 10 Things to Know for Tuesday

    Your daily look at late-breaking news, upcoming events and the stories that will be talked about Tuesday:

    April 15, 2014

  • Aw, geez, 'Fargo' is on TV with Billy Bob Thornton

    After failed attempts and broken dreams, by golly, someone went and put “Fargo” on series TV.

    April 15, 2014

  • Little sign of progress as Obama, Putin speak

    Speaking for the first time in more than two weeks, President Barack Obama and Russian President Vladimir Putin showed little sign of agreement Monday, with the U.S. leader urging pro-Russian forces to de-escalate the situation in eastern Ukraine and Putin denying that Moscow was interfering in the region.

    April 14, 2014

  • Drivers in California crash had clean records

    Both drivers in the fiery Northern California crash involving a FedEx truck and bus full of students had clean driving records.

    April 14, 2014

AP Video