Sunday, December 21, 2014
YOLO COUNTY NEWS
99 CENTS

Nursing home agrees to take brain-dead teen

By
From page A2 | December 29, 2013 |

OAKLAND (AP) — An attorney says a nursing home has agreed to provide long-term care for a 13-year-old girl, who has been declared brain dead but whose family maintains is still alive.

A southern California facility agreed after another nursing home backed out, the family’s lawyer, Christopher Dolan, said Friday.

He wouldn’t provide its name, saying “we’re afraid they’ll be inundated with press” and decide to back out as well.

Time is short for the family, as Alameda County Superior Court Judge Evelio Grillo on Tuesday ruled that the Children’s Hospital Oakland may remove Jahi McMath from life support at 5 p.m. Monday unless an appeal is filed.

Jahi underwent tonsil surgery at Children’s Hospital on Dec. 9 to treat sleep apnea. After she awoke from the operation, her family said, she started bleeding heavily from her mouth and went into cardiac arrest. Doctors at Children’s Hospital concluded the girl was brain dead on Dec. 12 and wanted to remove her from life support. The family said they believe she is still alive.

Before Jahi can be transferred, she must undergo two more medical procedures — the insertion of a breathing tube and a feeding tube, both of which would be necessary for her long-term care but which the nursing home is not equipped to perform.

The hospital has refused to perform the procedures.

“Children’s Hospital Oakland does not believe that performing surgical procedures on the body of a deceased person is an appropriate medical practice,” David Durand, its chief of pediatrics, said in a statement Thursday.

Douglas Straus, a lawyer for the hospital, said in a letter made public Friday that before the hospital would comply with the family’s request to move Jahi, it would need to speak directly with officials at any nursing home to make sure they understand her condition, “including the fact that Jahi is brain dead” — and to discuss needed preparations, including transportation.

“Children’s Hospital will of course continue to do everything legally and ethically permissible to support the family of Jahi McMath. In that regard, Children’s will allow a lawful transfer of Jahi’s body in its current state to another location if the family can arrange such a transfer and Children’s can legally do so,” Straus wrote in the letter.

He also said the Alameda County coroner needed to sign off on the move “since we are dealing with the body of a person who has been declared legally dead.”

The letter was sent to Dolan after Dolan said he was preparing a federal civil rights lawsuit to force the hospital to outfit Jahi with breathing and feeding tubes. He said the hospital’s refusal to cooperate violated her family’s religious, due process rights and privacy rights.

In fulfillment of the hospital’s request, Dolan said he had held a three-way conference call Friday with Straus and the director of the nursing home.

Dolan also told the Associated Press on Friday that he had already obtained signed consent from the coroner for Jahi’s transfer.

The Alameda County Coroner’s Bureau said it had no comment.

Jahi’s uncle, Omari Sealey, said earlier on Friday the family was in talks with three nursing homes — two in Los Angeles and one in New York — that might be willing to take her.

The girl’s relatives had announced on Thursday that they had found a nursing home in the San Francisco Bay Area that was willing to care for the girl if she had the tubes. Within hours, the hospital’s chief of pediatrics issued a statement saying Children’s would not cooperate because it “does not believe that performing surgical procedures on the body of a deceased person is an appropriate medical practice.”

Upon learning of the hospital’s position, that facility backed out.

Dolan said he is hoping the hospital officials will change their mind about the surgery after speaking with the nursing home officials.

If they don’t, he said, the family’s options are slim, but he is hoping the Alameda County judge will give them some more time Monday to find a doctor willing to perform the surgeries.

Comments

comments

The Associated Press

  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .

    News

    Brinley Plaque honors environmental stalwart

    By Dave Ryan | From Page: A1 | Gallery

     
    What’s new at UCD? Construction projects abound

    By Tanya Perez | From Page: A1 | Gallery

     
    No-nonsense Musser voted Citizen of the Year

    By Dave Ryan | From Page: A1 | Gallery

    Sharing a meal, and so much more

    By Anne Ternus-Bellamy | From Page: A1 | Gallery

     
    Downtown crash results in DUI arrest

    By Lauren Keene | From Page: A2

    March trial date set in Davis molest case

    By Lauren Keene | From Page: A2

     
    North Korea proposes joint probe over Sony hacking

    By The Associated Press | From Page: A2

     
    AP sources: Cops’ killer angry over Garner death

    By The Associated Press | From Page: A2

    Raul Castro: Don’t expect detente to change Cuban system

    By The Associated Press | From Page: A2

     
    Police seek help in finding runaway twin girls

    By Enterprise staff | From Page: A2

    Pedal around Davis on weekly bike ride

    By Enterprise staff | From Page: A3

     
    Supplies collected for victims of abuse

    By Enterprise staff | From Page: A3

     
    Donors, volunteers honored on Philanthropy Day

    By Special to The Enterprise | From Page: A3 | Gallery

    Enterprise plans Christmas, New Year’s holiday hours

    By Enterprise staff | From Page: A3

     
     
    Luminaria display planned in West Davis

    By Enterprise staff | From Page: A3

    Soup’s On will benefit NAMI-Yolo

    By Enterprise staff | From Page: A3

     
    Surprise honor is really nice, dude

    By Enterprise staff | From Page: A5 | Gallery

     
    Konditorei presents free holiday concert

    By Enterprise staff | From Page: A5

    .

    Forum

    It’s not a pretty picture

    By Creators Syndicate | From Page: B4

     
    Google me this: Should I hit that button?

    By Marion Franck | From Page: B4

     
    E-cigs surpass regular cigarettes among teens

    By The Associated Press | From Page: B4

    Too late to pick a fight

    By Creators Syndicate | From Page: B5

     
    All police need to humanize

    By Letters to the Editor | From Page: A10

    Are we only a fair-weather bike city?

    By Letters to the Editor | From Page: A10

     
    Join us in making our world more just

    By Special to The Enterprise | From Page: A10

     
    Tom Meyer cartoon

    By Debbie Davis | From Page: A10

    The electronic equivalent of war

    By Special to The Enterprise | From Page: A11

     
    The Green House effect: Homes where the elderly thrive

    By New York Times News Service | From Page: A11

    .

    Sports

    UCD women look to improve, despite game at No. 7 Stanford

    By Bruce Gallaudet | From Page: B1 | Gallery

     
    Second-half run spurs Aggie men to 8-1

    By Enterprise staff | From Page: B1

     
    Stenz shines as DHS girls take a tournament title

    By Enterprise staff | From Page: B1 | Gallery

    Aggie Manzanares not quite finished carrying the rock

    By Bruce Gallaudet | From Page: B1 | Gallery

     
    49ers fall to San Diego in overtime

    By The Associated Press | From Page: B10

    .

    Features

    .

    Arts

    .

    Business

    Marrone Bio expands its product reach in Latin America

    By Enterprise staff | From Page: A4

     
    Sierra Northern Railway names CEO

    By Special to The Enterprise | From Page: A4

    Sink your teeth into Vampire Penguin

    By Wendy Weitzel | From Page: A4 | Gallery

     
    .

    Obituaries

    .

    Comics

    Comics: Sunday, December 21, 2014

    By Creator | From Page: B8