Friday, April 18, 2014
YOLO COUNTY NEWS
99 CENTS

Nursing home agrees to take brain-dead teen

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.

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Davis Enterprise does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

News

 
Chuck Rairdan joins school board race

By Jeff Hudson | From Page: A1, 2 Comments

Going green at church, school, everywhere

By Special to The Enterprise | From Page: A1 | Gallery

 
Former caretaker convicted of murder, elder abuse

By Lauren Keene | From Page: A1, 4 Comments | Gallery

Old friend helps Brad and others find kidneys

By Dave Jones | From Page: A1 | Gallery

 
UCD to host Global Health Day event

By Cory Golden | From Page: A2

Ukraine insurgents reject call to quit buildings

By The Associated Press | From Page: A2, 3 Comments

 
For the record

By Enterprise staff | From Page: A2

 
Need a new best friend?

By Enterprise staff | From Page: A3 | Gallery

‘Hitchhiking’ dog looking for new home

By Lauren Keene | From Page: A3 | Gallery

 
Event to provide nature scholarship

By Enterprise staff | From Page: A4

 
Online K-12 school holds info night

By Enterprise staff | From Page: A4

 
Volkssporting Club plans North Davis walks

By Enterprise staff | From Page: A4

Schwenger lawn signs available

By Anne Ternus-Bellamy | From Page: A4

 
Volunteers needed for Grad Night

By Enterprise staff | From Page: A4

Davis grad makes rain collection a business

By Jason McAlister | From Page: A4 | Gallery

 
A few spots left on history tour

By Enterprise staff | From Page: A4

Chipotle fundraiser boosts Emerson tech upgrade

By Enterprise staff | From Page: A4

 
Students have new options on leasing front

By Enterprise staff | From Page: A5 | Gallery

Groups join for a day of service

By Special to The Enterprise | From Page: A7

 
NAMI backers walk in Sacramento

By Special to The Enterprise | From Page: A8

 
Food for the hungry

By Enterprise staff | From Page: A10

.

Forum

Dad makes mom look bad

By Special to The Enterprise | From Page: B5

 
In search of great ideas

By Letters to the Editor | From Page: A6, 1 Comment

Please keep the nursery open

By Letters to the Editor | From Page: A6

 
Early help is a great investment

By Letters to the Editor | From Page: A6

More tax money? Answer the question

By Rich Rifkin | From Page: A6, 4 Comments

 
UCD IS responsible for students

By Letters to the Editor | From Page: A6, 4 Comments

 
Tom Meyer cartoon

By Debbie Davis | From Page: A6

.

Sports

DHS’ Golston goes full-bore on the diamond

By Thomas Oide | From Page: B1 | Gallery

 
Devils show more life in loss to Mitty

By Enterprise staff | From Page: B1

Sharks double up Kings in Game 1

By The Associated Press | From Page: B1

 
Aggies lose a slugfest in opener at Riverside

By Enterprise staff | From Page: B1

Fox coming to UCD; Riffle heads to Florida

By Bruce Gallaudet | From Page: B1

 
DYSA roundup: Intensity has big week; 10U games dominate schedule

By Enterprise staff | From Page: B2 | Gallery

Sports briefs: Aggies set the academic bar high

By Enterprise staff | From Page: B8 | Gallery

 
Pro baseball roundup: Susac sends Sacramento to a rare loss

By The Associated Press | From Page: B8

.

Features

.

Arts

‘Transcendence’: A whole new level of tedium

By Derrick Bang | From Page: A11 | Gallery

 
‘The Bloom’ paves way for Whole Earth Festival

By Enterprise staff | From Page: A11

DHS tribute to Tony Fields slated for April 25-26

By Enterprise staff | From Page: A11

 
UCD, city team up for Music on the Green

By Enterprise staff | From Page: A11

.

Business

Ford turns its Focus to domestic market

By Ali Arsham | From Page: B3 | Gallery

 
.

Obituaries

.

Comics

Comics: Friday, April 18, 2014

By Creator | From Page: A9

 
.

Real Estate Review

Featured Listing

By Zack Snow | From Page: RER1

Professional Services Directory

By Zack Snow | From Page: RER2

Lyon Real Estate

By Zack Snow | From Page: RER3

Acacia at Huntington Square

By Zack Snow | From Page: RER4

Jamie Madison

By Zack Snow | From Page: RER4

Yolo FCU

By Zack Snow | From Page: RER4

Travis Credit Union

By Zack Snow | From Page: RER5

Kim Eichorn

By Zack Snow | From Page: RER6

Suzanne Kimmel

By Zack Snow | From Page: RER6

Lynne Wegner

By Zack Snow | From Page: RER7

Kim Merrel Lamb

By Zack Snow | From Page: RER7

Patricia Echevarria

By Zack Snow | From Page: RER8

Chris Snow

By Zack Snow | From Page: RER8

Andrew Dowling

By Zack Snow | From Page: RER9

Sheryl Patterson

By Zack Snow | From Page: RER9

Don Guthrie

By Zack Snow | From Page: RER9

Coldwell Banker

By Zack Snow | From Page: RER10

Coldwell Banker

By Zack Snow | From Page: RER11

Heather Barnes

By Zack Snow | From Page: RER12

Julie Partain & Dick Partain

By Zack Snow | From Page: RER12

Malek Baroody

By Zack Snow | From Page: RER13

Karen Waggoner

By Zack Snow | From Page: RER14

Willowbank Park

By Zack Snow | From Page: RER14

Team Traverso

By Zack Snow | From Page: RER15

Julie Leonard

By Zack Snow | From Page: RER15

Tim Harrison

By Zack Snow | From Page: RER15

Tracy Harris

By Zack Snow | From Page: RER16

Lori Prizmich

By Zack Snow | From Page: RER16

Joe Kaplan

By Zack Snow | From Page: RER17

Raul Zamora

By Zack Snow | From Page: RER17

Coldwell Banker

By Zack Snow | From Page: RER18

Open House Map

By Zack Snow | From Page: RER19

F1rst Street Real Estate

By Zack Snow | From Page: RER20