So he has *not* performed the brain death confirmation protocol, and has merely observed what may very well be a Lazarus reflex which does not involve the central nervous system.
If he had performed the rather complicated protocol and found what he believes is evidence of life, the situation would be a bit different. Without having done the protocol himself, he has no basis on which to claim that those who did the examination are wrong in their findings.
If he had performed the rather complicated protocol and found what he believes is evidence of life,
Why would the hospital even allow him to do anything except "observe"? They are going to get sued out the wazoo for Jahi's botched post-operative care, aren't they? Then there is the question of whether the rather complex surgery, which was actually three different surgical procedures was appropriate.
In searching for Paul A Byrne, MD, I found that many freepers and DU'ers agree with each other. http://www.democraticunderground.com/10024253921
Dr. Paul Byrne by his own statements has said he’s not medically “examined” Jahi because he’s not licensed to practice medicine in CA. He is a Neonatologist; Neonatology is a subspecialty of pediatrics that consists of the medical care of newborn infants, especially ill and very premature newborn infants.
He is not however a neurologist and his opinions on brain death not being death are quite controversial and unsubstantiated by all that we know regarding brain death. Dr. Byrne is deeply religious and pro-life, a commendable position especially for a doctor working with premature infants, but he’s also against organ transplants and perhaps his religious beliefs and experience with treating premature newborns, who not so long ago would have died, has colored his judgment as a scientist.
As far as the Lazarus reflex:
Like the knee jerk reflex, the Lazarus sign is an example of a reflex mediated by a reflex arc – a neural pathway which passes via the spinal column but not through the brain. As a consequence the movement is possible in brain-dead patients whose organs have been kept functioning by life-support machines, precluding the use of complex involuntary motions as a test for brain activity.[3] It has been suggested by neurologists studying the phenomenon that increased awareness of this and similar reflexes "may prevent delays in brain-dead diagnosis and misinterpretations."[2] The reflex is often preceded by slight shivering motions of the patient's arms, or the appearance of goose bumps on the arms and torso. The arms then begin to flex at the elbows before lifting to be held above the sternum. They are often brought from here towards the neck or chin and touch or cross over. Short exhalations have also been observed coinciding with the action.[3]
http://en.wikipedia.org/wiki/Lazarus_sign
Here is a video that explains this phenomenon, which may be disturbing to some, so watch with caution:
This one is even more disturbing and the narration is in Portuguese, but it demonstrates the types of movements that can be observed in a brain dead patient on a vent and perhaps the types of movements that Jahi’s family and Dr. Byrne may have observed but are which are not signs of life but of involuntary arch reflect movements stemming from the spinal cord. Notice that pressing on this patient’s sternum does not elicit any response but moving his head, i.e. his spinal cord does. Again, watch with caution if you are sensitive:
http://www.youtube.com/watch?v=BTnApcbDkmM
Ironically such involuntary arch reflects along with seemingly breath sounds, even what seems to be moaning sounds emanating from a dead person but are which are typically a buildup of post mortem gasses, and the false appearance of hair and finger nails continuing to “grow” after death, gave rise to stories of vampirism and zombies before such post mortem processes were fully understood by the advancement of medicine and science.