Jahi McMath case facts for kids

Quick facts for kids Winkfield v. Children's Hospital Oakland et al
Court	United 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
Citation(s)	Docket report
Case history
Prior history	Alameda County Case No. RP-13-707598
Holding
Settlement conference rendered mutually accepted agreement, motion denied as moot, VACATED
Case opinions
Per curiam

The case of Jahi McMath was about a 13-year-old girl named Jahi McMath. She was declared brain dead in California in 2013 after a surgery. This led to a big discussion about medical ethics. Her family did not agree with the doctors' decision that she was dead. They wanted to keep her body on mechanical ventilation and other machines.

Her parents believed these machines were keeping her alive. However, her doctors thought it was useless to treat someone who had already died. In 2014, Jahi's family lawyer asked a court to change the brain death declaration. He later took back this request. He wanted more time for medical experts to talk. In 2015, Jahi's family sued Children's Hospital Oakland and the surgeon. They planned to argue that Jahi was not dead, but severely disabled. The family's lawyer later said that a second death certificate was issued on June 22, 2018. It listed severe bleeding from liver failure as the cause of death.

Jahi's Surgery and What Happened

Jahi McMath went into Children's Hospital Oakland on December 9, 2013. She was there for several surgeries to help her breathe better at night. These included a tonsillectomy (removing tonsils) and other related procedures. The hospital said these surgeries were complex. Her family, however, called it a routine tonsillectomy in news reports.

After her surgeries, Jahi was awake. Her mother, Latasha Winkfield, said Jahi asked for a Popsicle in the recovery room. But on the same day, Jahi lost a lot of blood. This led to her heart stopping. Doctors at Children's Hospital Oakland said this blood loss caused her whole brain death.

On December 12, 2013, doctors declared Jahi brain-dead. Her family was told she was legally dead. They were also told that the machines keeping her body going would be turned off. Her family did not accept this medical decision. They believed Jahi was not dead. They started legal action to make the hospital continue her treatment.

Taking Legal Steps

On December 20, 2013, Jahi's family went to court. They asked the Alameda County Superior Court to make Children's Hospital Oakland keep Jahi on life support. On December 23, a judge named Evelio Grillo appointed an expert. This expert was Paul Graham Fisher, a chief of Child Neurology at Stanford University School of Medicine. He was asked to give an independent medical opinion on Jahi's brain death.

Jahi's family also wanted another doctor, Paul A. Byrne, to check her. Byrne is a doctor who has spoken out against the idea of brain death as actual death. The court did not allow this request.

Expert Opinion on Brain Death

Dr. Fisher examined Jahi. He confirmed that she was brain-dead. He reported that her brain showed no activity on an electroencephalogram (a test that measures brain waves). He also found no blood flow to her brain. Plus, she did not breathe on her own when taken off the breathing machine. These are all standard signs of total brain death.

On December 24, 2013, Judge Grillo decided that Jahi was legally dead. He based his decision on the medical evidence from the hospital's doctors and Dr. Fisher. However, he ordered the hospital to keep Jahi on the breathing machine until December 30, 2013. This order was later extended to January 7, 2014. The judge told the family, "This has been very, very hard on you. No one anywhere would wish this to happen to anyone."

Appeals and Agreements

On December 30, 2013, the family appealed the decision. They went to the California Courts of Appeal and the United States District Court for the Northern District of California. They asked for Jahi to stay on life support until they could make other plans for her care. Jahi's mother argued that saying Jahi was dead went against their religious and privacy rights. She also said that because Jahi's heart was still beating, she was still alive.

Dr. Byrne stated in court papers that he saw Jahi moving in the hospital. He believed she was alive. The hospital said it would be wrong to make them care for a dead body. They also said that Dr. Byrne had strong personal beliefs that affected his view. The hospital mentioned that some movements, called Lazarus signs, can happen in cases of brain death.

The hospital and Jahi's family talked and reached an agreement. Jahi could leave Children's Hospital with the breathing machine and IV fluids. She would go into her mother's care. However, the court did not make the hospital perform a tracheostomy (a breathing tube in the neck) or insert a feeding tube.

Moving Jahi Home

On January 5, 2014, Children's Hospital gave Jahi's body to the Alameda County coroner. The coroner's office had already issued an official death certificate for Jahi on January 3, 2014. It listed her date of death as December 12, 2013. The death certificate was not complete yet, waiting for an autopsy to find the exact cause of death.

After getting custody of Jahi's body from the hospital, the coroner gave her to her mother. Her mother was warned about the risks, like her heart stopping during the move, and she accepted these risks. The family then moved Jahi to a secret location. There, a tracheostomy was performed, and a feeding tube was inserted.

What Happened Next

In March 2014, the Terri Schiavo Life and Hope Network gave Jahi's family an award. This award is for families who show "unconditional love" and "courage" in difficult situations. Jahi's mother said she was honored. She referred to her daughter as "still asleep," explaining that she did not use the term "brain dead" for Jahi.

News reports said Jahi was at a Catholic hospital in New Jersey until August 2014. After that, she moved to an apartment in New Jersey.

New Medical Claims and Lawsuit

In October 2014, Jahi's lawyer, Christopher Dolan, held a press conference. He said new medical tests showed blood flow and electrical activity in Jahi's brain. He also showed videos that he said proved Jahi was moving when asked. At that time, Dolan asked the court to change its decision that Jahi was brain-dead.

Dr. Paul Fisher, the expert who confirmed Jahi's brain death in 2013, said the new evidence did not change his earlier finding. Dolan then withdrew his court request. He asked for doctors to work together, saying that "with an open and transparent dialogue... only one conclusion can remain: that Jahi McMath is not brain dead."

In March 2015, Jahi's family filed a malpractice lawsuit against Children's Hospital Oakland and the surgeon, Frederick Rosen. A malpractice lawsuit is when someone sues a doctor or hospital for harm caused by careless medical care. The lawsuit claimed the surgeon knew about an unusual artery in Jahi's throat but did not tell the nurses. This meant Jahi was at a higher risk for serious bleeding.

The lawsuit also claimed Jahi bled for several hours. It said a doctor arrived hours after the family asked for help. The family also claimed nurses gave them confusing advice about Jahi's bleeding. The family also said the hospital pressured them to donate Jahi's organs.

Jahi's family and their lawyer, Bruce Brusavich, planned to argue that Jahi was not brain-dead. This was important because in California, there is a limit of $250,000 for lawsuits involving children who die due to medical malpractice. If Jahi was not considered dead, this limit might not apply.

Alan Shewmon, a children's brain doctor from UCLA, watched over 48 videos of Jahi. In a court filing on June 29, 2017, he said she was technically alive. He stated that Jahi followed commands to move and showed other signs of life. Children's Hospital Oakland still said their original diagnosis of brain death was correct. They believed the videos did not meet the medical rules for brain death.

Jahi's Passing

In June 2018, lawyer Christopher Dolan announced that Jahi McMath had passed away on June 22, 2018. She had internal bleeding because her kidneys and liver were failing. Her doctors removed her from life support, and her heart stopped.

Dolan said he would continue his legal efforts to have Jahi's first California death certificate canceled. He wanted her date of death to be officially changed to June 22, 2018. However, on February 1, 2019, the family decided to drop the case to change Jahi's original death certificate.