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Judge Rules “Brain Dead” Jahi McMath May Not be Dead After All
Life News ^ | Sept, 7, 2017 | Wesley Smith

Posted on 09/07/2017 11:13:43 AM PDT by Morgana

This could be one of the biggest bioethics cases since Terri Schiavo.

A judge has ruled that the teenager, declared dead in California, may not be dead. From the East Bay Express story:

Jahi McMath, the Oakland teenager whose brain death case has sparked national debate, may not currently fit the criteria of death as defined by a state law written in conjunction with the medical establishment, a judge wrote in an order Tuesday.

In his ruling, Alameda County Superior Court Judge Stephen Pulido wrote that while the brain death determination in 2013 was made in accordance with medical standards, there remains a question of whether the teenager “satisfies the statutory definition of ‘dead’ under the Uniform Determination of Death Act.”

Bottom line, if she is not brain dead, then by definition, she’s alive. At the very least, there is enough doubt in this case based on Dr. Shewmon’s testimony to induce the judge to issue his ruling:

Pulido heavily cited Dr. Alan Shewmon, who concluded in a court declaration that Jahi doesn’t currently fit the criteria for brain death after reviewing 49 videos of her moving specific fingers and other extremities when given commands to do so.

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Shewmon, a professor emeritus of pediatrics and neurology at UCLA, wrote that Jahi “is a living, severely disabled young lady, who currently fulfills neither the standard diagnostic guidelines for brain death nor California’s statutory definition of death.” Shewmon also reviewed an MRI.

Full disclosure. I recently visited Jahi and her mother, along with Bobby Schindler.

That visit reinforced my view, previously written here, that this case demands a much deeper investigation than it has received heretofore, including impartial and thorough renewed medical examinations.

So I am very pleased the case is going forward.


TOPICS: Chit/Chat
KEYWORDS: jahimcmath; prolife
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1 posted on 09/07/2017 11:13:43 AM PDT by Morgana
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To: BykrBayb; little jeremiah

Terris’ list ping

I’ve met Jahi’s Mom! Have heard the whole story personally. So glad her Mom fought for her.


2 posted on 09/07/2017 11:15:18 AM PDT by Morgana ( Always a bit of truth in dark humor.)
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To: Morgana

How about the “Brain Dead” GOP in Congress? What did the judge have to say about that?


3 posted on 09/07/2017 11:16:57 AM PDT by Jim 0216
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To: Jim 0216; Chode

Oh sheese Jim how did the brain dead Robert Byrd stay in office all those years? I wondered that at the time.


4 posted on 09/07/2017 11:18:55 AM PDT by Morgana ( Always a bit of truth in dark humor.)
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To: Morgana
I think most people don't know that the term "brain death" was invented to serve the organ transplant industry (and it IS a big buck$$ industry).

Prior to the relatively new standard called "brain death," person was not deemed to be dead until after his or her heart had stopped beating for a certain number of minutes.

This displeased the transplant industry, because desirable organs could begin to deteriorate while the patient's heart continued to beat.

Now, with the changed standard, a "transplant team" can begin to "harvest" a person's organs while he or she is still very much alive, by the prior standard.

It's my understanding that the "organ harvesting" process often involves no anesthesia, and that the unanesthetized person's body thrashes around violently in reaction to the transplant team's knives. We are supposed to believe that the person who is "brain dead" feels nothing - even though his or her body is reacting strongly to the assault. According to the industry, "It's only reflexes." That's the same phrase that was applied to Terri Schiavo to dismiss her reactions to her parents.

5 posted on 09/07/2017 11:31:42 AM PDT by shhrubbery! (NIH!)
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To: Morgana
Citing the precedent Nancy Pelosi v. Almeda County Coroner...


6 posted on 09/07/2017 11:49:11 AM PDT by Buckeye McFrog
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To: Morgana

This has nothing to do with the wishes of the family to give the child a life. It has to do with a lawsuit they filed.

In the article from the East Bay Times, it states:

“An attorney for the family is arguing Jahi is alive and therefore entitled to more than the cap of $250,000 on medical malpractice lawsuits involving children who die as a result of surgery.”

It has nothing to do with the welfare of the child or the determination of quality of life. It has to do with the courts awarding more money to the family using a loophold in the law.

They should be embarrassed.

rwood


7 posted on 09/07/2017 11:52:41 AM PDT by Redwood71
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To: Morgana

We have spoken about the McMath case before. She was treated in the California Bay Area, at the Oakland Children’s Hospital, not far from the cluster of pharmacies they used to call “Pill Hill”.
My reactions are the same; It could be that I will never have the same depth of understanding as many, since I have no children, but to me, what this girl is now experiencing is not really ‘a life’. We’ll see where this goes.


8 posted on 09/07/2017 11:53:28 AM PDT by lee martell
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To: Morgana

The mother is trying to change her death determination to obtain more money in a malpractice suit. The girl is dead.


9 posted on 09/07/2017 12:54:53 PM PDT by kaila
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To: kaila

.
Jahi is definitely not dead.

She responds to specific commands.

“Childrens” hospital should be renamed Murderer’s hospital.

Its the most family-unfriendly place in the Bay Area. A ‘hospital’ that counsels women to have abortions.
.


10 posted on 09/07/2017 12:59:49 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Redwood71

.
Your opinion only; utterly devoid of facts.
.


11 posted on 09/07/2017 1:01:56 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: lee martell
at least I hope she is on palliative care with a "no code" order....

we can keep everybody breathing on a machine..

..does that make it right?...

so so many things we do as humans NOT according to God's plan.

we are supposed to be born and we are supposed to die...

its life...

12 posted on 09/07/2017 1:08:03 PM PDT by cherry
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To: editor-surveyor

From what I have read, the nurses taking care of her have reported an odor. Not sure if that is true or not BUT what is your definition of death?Serial EEG with no brain waves is death. That is what this girl had. What the mother is seeing is nerve activity, the same as if you chopped of a chickens head and the chicken still moves.
This is not the case people in the right to life movement should support.


13 posted on 09/07/2017 1:08:10 PM PDT by kaila
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To: kaila

.
You’re clearly not a member of the pro-life movement!
.


14 posted on 09/07/2017 1:17:40 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: editor-surveyor

What exactly is the pro life movement ? Totally agree with you on abortion . When you move your pro life views to keeping brain dead people on ventilators, then you lose the argument .
What you in the pro life movement cannot accept is death. We all die. You are fighting against nature to deny that fact. What do you want to do? Instead of cemeteries, we keep people alive on ventilators for the remainder of time?
This is a ridiculous case to fight, and the support you receive will be minimal, and it harms the pro life movement.


15 posted on 09/07/2017 1:27:47 PM PDT by kaila
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To: cherry
.
>> “so so many things we do as humans NOT according to God's plan.” <<

Going to hospitals being high on that list!

As the word of God said about the woman with an issue of blood:

Luke 8:43

And a woman having an issue of blood twelve years, which had spent all her living upon physicians, neither could be healed of any

God's word has nothing good to say about turning to doctors.

16 posted on 09/07/2017 1:29:55 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: kaila

.
Jahi is constantly able to communicate by moving specific fingers.

Your leaning to the death camp is quite visible here.
.


17 posted on 09/07/2017 1:34:06 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: kaila

My father was diagnosed as brain dead. They wanted me to stop feeding him. I insisted they continue.
“You really don’t want to do this.... he could live for many years as a vegetable!”
Keep feeding him.
“But he will never get any better!”
Keep feeding him.

10 days later he woke up. Yes, he had some brain issues, but it was dad. We had the best 2 years of relationship after that. I am glad I didn’t miss it.


18 posted on 09/07/2017 1:34:28 PM PDT by Grammy (Save the earth... it's the only planet with chocolate.)
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To: lee martell

My kid was in that hospital for I forget what, and next to us was a kid from the Central Valley who had been helicoptered in from a hospital out there. Supposedly he had something like toxic shock syndrome, and the Valley hospital was losing him. According to the doctors, and the kid’s parents, getting him to Children’s saved his life.

Not that it makes me any happier to pay their humongous bills.


19 posted on 09/07/2017 1:42:16 PM PDT by Flash Bazbeaux
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To: editor-surveyor

Hopefully, if you get your way and all brain dead people will be kept alive on ventilators, you will volunteer to take care of them. Because if we keep everybraindead person breathing on vents in the USA, we are going to need millions of people to take care of them. You will need to step up to the plate, volunteer to suction, bathe , turn and diaper every dead person that would be assigned to you. Since you are afraid of death, and obviously do not believe in God since you fear death.
As far as the mother, all we hear is stories about how this girl moves her hands. Why isn’t she wheeling her into the courtroom to demonstrate her mental ability? The mother has very carefully only shown the public what she wants us to see.
To use death camps as a talking point, in which alive mentally alert people are cruelly killed in reference to this case is utterly stupid.


20 posted on 09/07/2017 1:43:34 PM PDT by kaila
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