Parents of girl, 13, left brain dead after routine tonsil surgery WIN fight with hospital to keep her alive on ventilator after coroner issues death certificate

  • Jahi McMath can be kept alive on ventilator at a new hospital, as long as her mother arranges for her care, court rules
  • Coroner issued death certificate effectively absolving current hospital of responsibility

By Richard Alleyne In Oakland

PUBLISHED: 17:08 EST, 3 January 2014 | UPDATED: 19:37 EST, 3 January 2014

Declared dead: The California court allowed Jahi McMath's parents to remove her from hospital and keep her alive elsewhere only after a coroner issued a death certificate

Declared dead: The California court allowed Jahi McMath's parents to remove her from hospital and keep her alive elsewhere only after a coroner issued a death certificate

The mother of the 13-year-old girl at the centre of a battle to turn off her life-support machine can take her out of hospital still on a ventilator as long as she takes full responsibility for her future, a court heard today.

But the apparent breakthrough in the row over Jahi McMath was only made possible after the coroner issued a death certificate for the tragic teenager.

Alameda County Superior Court heard that Children’s Hospital, in Oakland, California, and Jahi’s family had come to an agreement over her removal to a new facility for long-term care.

The “protocol” stated that Jahi’s mother Nailah Winkfield must agree to be “wholly and exclusively responsible” for her welfare once she has been transferred into her care.

She must also provide all the necessary arrangements and hospital expertise.

But the move only happened after the Alameda County Coroner issued a death certificate – effectively allowing the hospital to release the body as if it was going for burial or cremation.

The seemingly contradictory state of affairs only re-iterates the highly unusual nature of the case, which has to date lasted more than three weeks, divided public opinion and been played out in three courts.

Jahi suffered complications following a routine operation to remove her tonsils at Children’s Hospital, in Oakland, California, on December 9.

Her heart stopped, causing brain damage that the hospital said was so severe that she was effectively dead with no chance of survival if a respirator was turned off.

Devastated: Jahi's parents arrive at court today. They are fighting to keep their 13-year-old daughter alive after she was declared brain dead following complications in routine tonsil surgery

Devastated: Jahi's parents arrive at court today. They are fighting to keep their 13-year-old daughter alive after she was declared brain dead following complications in routine tonsil surgery

Devotion: Jahi's parents haven't left her bedside since the tragedy during a routine tonsil operation
Devotion: Jahi's parents haven't left her bedside since the tragedy during a routine tonsil operation

Devotion: Jahi's parents haven't left her bedside since the tragedy during a routine tonsil operation

Three doctors and the court agreed she was brain dead and the hospital applied to turn off her life support machine.

But her family, led by Mrs Winkfield and Jahi’s uncle Omari Sealey, refused to accept the prognosis and argued there was still a chance she could recover.

They said that she responded to her mother’s voice and asked that she be removed to a hospital that cared for her.

 

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They successfully won an injunction preventing the hospital removing life support that was extended and runs out at 5pm on Tuesday.

The hospital could not agree on terms that allowed Jahi to be transferred citing ethical and legal reasons why she could not be removed.  

But now the coroner issued the certificate, they softened their approach and agreed to a path forward which had been proposed by the family’s lawyer Chris Dolan.

Hope: Jahi's family are certain that she will one day recover despite the hospital's insistence there is no chance of that happening

Hope: Jahi's family are certain that she will one day recover despite the hospital's insistence there is no chance of that happening

Oakland Children's hospital spokesman Sam Singer. The hospital would not accept responsibility for caring for Jahi
Steven Dolanm, Attorney for Jahi's family today, welcomed the judgement

Oakland Children's hospital spokesman Sam Singer. The hospital would not accept responsibility for caring for Jahi

Now the race is on to make the arrangements before the deadline runs out on Tuesday.

'There are no winners in this,' said Sam Singer, the spokesman for the hospital.

'This young woman is dead and it is very sad.'

Doug Strauss, the lawyer for the hospital, made an emotional plea to the family to finally accept that their daughter was dead.

Mr Dolan, for the family, said that the agreed protocol was a step forward.

A spokeswoman for Alameda County Coroner confirmed that a “generic” death certificate had been issued but no details were given.

The California Department of Public Health continues its investigation into the incident.

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If her heart is beating and the ventilator is breathing for her, her tissues r all receiving oxygenated blood and won't "rot." Her body will lose weight and muscle tone but the flesh and organs won't rot. If the heart were not beating the ventilator would be of no value .... It would keep her lungs going but if no heartbeat there is no "pump" to send oxygenated blood to body parts and then body would start to decompose. In all the stories I've read there gave been no indications either way if child still has heartbeat.

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Mama is going to end up having to take that baby home in a car because there is NO WAY she is going to be able to fund transportation and care in another facility. She has no idea how to take care of this "patient". I also thought that the facility they were trying to transport her daughter to had no inpatient care. The best thing the McMath family can do is to pull the plug right now and let the funeral home come get that child. The situation has gone beyond ridiculous and has become ludicrous. That mother needs to either give back the donations or ask the donors if they can use them for a proper burial for Jahi.

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'This young woman is dead' ages a child for goodness sake!

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This happens a bit more then people may think. My mother is a nurse and a young man who died due to severe head trauma after a gym rock climbing accident. He was dead. His brain was leaking from his ears. Yet the family insisted on keeping him on life support. Despite artificial respiration, etc the body does eventually begin to go necrotic. The whole hospital floor began to smell like death and the family still spent weeks at his bedside begging him to wake up. I don't know the exact circumstances but he was eventually taken off support and allowed to rest in peace. Sometimes ppl simply refuse to see the truth and as a parent I GET it. But at this point denying this girl a proper funeral and denying friends and family proper mourning is cruel.

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How long is she going to keep this going?!?!

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As long as there's money or publicity in it.

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The family haven't 'won' anything. California law law requires that the release of the body can't come until the coroner signs the death certificate. Once he did that, the hospital could release the body to the mother. They aren't going to transfer the child to another facility. The way it works is, the mother takes custody of the body and she can decide where it will go, in this case, another care facility, same as if she were going to assign a funeral home to prepare for burial. Although, now with a certificate of death, it is doubtful any facility will accept the child. And certainly no insurance company will cover any further 'care.' The family will have to pay all expenses themselves from now on. That might be the thing that brings them to their senses.

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I don't know WHO is CRAZIER ?!? The FAMILY ... the JUDGE ... or US ??!!?? ...

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This is just sad all the way around. I guess none of us know what we would do until faced with the situation. I feel bad for the mother and family. It is a difficult thing to except.

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I read that the hospital is simultaneously in talks with another judge and the family for a settlement, so I don't believe for a second that the hospital has done anything to benefit the child, rather their desire to remove the respirator is only about limiting their liability (no doubt some loophole in state law), evidenced by placing the burden of having a feeding tube inserted in the child, as well as the transfer of the child to a another facility exclusively on her mother. People don't be deceived as more very ill patients are being pushed to quickly die (don't ever sign Palliative Care papers which means they will make your loved one "comfortable" to the end. That patient will be given enough drugs to die quickly by the next day or two tops..

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That is quite the most ridiculously uninformed thing I have ever read. There is no perfusion to the brain, no blood flow, it is defunct as an organ. What good would a gatrostomy do to a corpse? Will it take this girl's remains decomposing to get the parents to wake up?

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This has dragged on long enough. While I am sympathetic to her family, the fact remains that Jahi is dead. What sort of precedent does this set? Will others be able to keep their dead relatives on life support, for the selfish reason that they just can't let them go? Jahi won't come back to life. This is a case of putting precious resources into a corpse - what about patients who have a chance to recover? What if they need life support? I mean, I can't imagine what her family is going through, but they need to let her go.

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The precedent it sets is that courts and bureaucrats may be given the power over life and death as a matter of convenience.

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