13 Year old gir declared brain dead has now officially died

[bcla]

This is beyond scary, the grandmother is a nurse or so it has been reported that she is.

I found a story where the family attorney states she was moved by ground, so she may still be in California, and that they are pursuing a lawsuit claiming violation of religious and privacy rights (still can't figure out the privacy claim) and that she is doing so badly because the big bad hospital refused to feed her after she was declared dead.

here is the link

http://sanfrancisco.cbslocal.com/2014/01/07/experts-clock-ticking-for-jahi-mcmath-after-move-out-of-hospital/

I believe their claims were that their 1st Amendment rights were violated because they weren't allowed to assert their religious beliefs about when death has occurred. The main flaw to that is that the 1st Amendment is about government interference. CHO is a private hospital and not a government agency.

 

[skylizard]

If they really are holding on to the body for financial gain, then that is utterly disgusting and I hope they rot in you know where.

 

[Jessica14]

It doesn't really surprise me that there are people who think like this. This case might be a more extreme example but you can see the same type of thinking often.

So very true!

 

[DisneyJamieCA]

I remember reading in the comments of one of the blog posts that was linked from here (maybe The one written by Sprocket) that the family can potentially win more money (in the millions) for future medical care. There is a limit for pain and suffering and they can't win anything for missed income but if they can prove that the hospital was at fault in some way they can get a lump sum for future medical care. If she died after the money is rewarded, the remainder would not have to be returned.

I have no idea if any of this is true but it would explain how they could financially profit. Maybe they had hoped to keep her alive long enough for this kind of payday.

Awarded after she dies? She has already died and no monies were awarded. The family can fight the legal definition of death if they want, but it's going to be an uphill battle since all 50 states recognize brain death as actual death. The hospital can only be on the hook, potentially, for what happened prior to Dec 12th - the day of death on her death certificate.

 

[DisneyJamieCA]

Update on our news last night (which we already knew or assumed) - New Beginnings has confirmed they do NOT have her, although say they are ready & willing to take her.

On an aside, saw part of the Pierce Morgan interview on our local news - the uncle & lawyer need to stop. They are a disgrace.

 

[Vidia2]

I don't think they could. All damages lumped as "non-economic" are capped at $250,000 by the Medical Injury Compensation Reform Act of 1975. They could theoretically sue for future medical care, but that would probably go nowhere after the settlement to release the body to the family was accepted contingent on the issuance of a death certificate and the formal transfer of the body from the coroner.

I think the comment that I was referring to said that this kind of settlement would fall into the "economic" category and so would not be capped.

I think you're completely correct that it would probably go nowhere but I also think that they believe there's something to be gained and plan to do whatever they can to make the hospital pay. I doubt that this kind of settlement would be possible now (if it ever was) since her body will probably give out pretty soon.

It makes sense on some level, if this is something that isn't capped, to explain why they've fought so hard to keep her ventilated when there's no hope of her ever waking up.

I'm not saying that all they're interested in is money but I think they realized how bad things were long ago but were trying to find a way to make the hospital pay, financially or otherwise. Maybe "advisors" saw some benefit to getting the public onboard early to influence future jurors. This would explain all the crazy stories of her moving etc.

I just feel terrible for the hospital staff. They do sign up for a lot but having to take care of a dead, decaying body is hazardous, among other things. Maybe in a just society the nursing staff would be able to sue the family.

 

[Vidia2]

Awarded after she dies? She has already died and no monies were awarded. The family can fight the legal definition of death if they want, but it's going to be an uphill battle since all 50 states recognize brain death as actual death. The hospital can only be on the hook, potentially, for what happened prior to Dec 12th - the day of death on her death certificate.

I agree! I'm saying that this explains their motivation maybe.

I don't think they should or would get anything like that even if the hospital were found to be guilty of malpractice. I think the lawyer is motivated by money though and he's the one running the circus, at their request, of course.

I'm just trying to make sense of what the motivation might be for someone to try to keep a dead body on a ventilator might be. They can't possibly believe that she was going to wake up. Maybe at first but not this long.

 

[JanaDee]

I agree! I'm saying that this explains their motivation maybe.

I don't think they should or would get anything like that even if the hospital were found to be guilty of malpractice. I think the lawyer is motivated by money though and he's the one running the circus, at their request, of course.

I'm just trying to make sense of what the motivation might be for someone to try to keep a dead body on a ventilator might be. They can't possibly believe that she was going to wake up. Maybe at first but not this long.

Honestly, I can't make a shred of sense on anything they are doing. It defies all logical and rational thought.

 

[Lorelei Lee]

Agreed. Assume that Jahi had sustained serious brain damage but not brain death. In a malpractice case she would have received millions in economic damages, primarily for long-term care, and a maximum of $250,000 for nonecomic damages such as pain and suffering.

But in a wrongful death action you only have to be concerned with past medical costs and future earnings -- and the future earnings of a 13 year old girl are speculative. So economic damages will be consideably lower than if she had survived.

This is true even if you accept that Jahi didn't die 12/12, beause by the time this suit would get to trial her heart will have stopped beating.


So the lawyer is going to have to come up with other claims on behalf of the family.

 

[Vidia2]

Honestly, I can't make a shred of sense on anything they are doing. It defies all logical and rational thought.

Crazy legal advice is the only thing I can come up with. Combined with unimaginable grief.

 

[Handbag Lady]

So, where is the body now? At what point do we think the mother will give up?

Or do we think this will just become one of those mysteries? I doubt the mother would even now say that her child has passed.

 

[StitchesGr8Fan]

So, where is the body now? At what point do we think the mother will give up? Or do we think this will just become one of those mysteries? I doubt the mother would even now say that her child has passed.

The only way the media WON'T find out is of the bury her quietly with no service, and never pursue legal action.

I don't see that happening. I think they will request donations for her funeral, have a big public memorial, and then try and sue the pants off anyone they can. And then when they don't win enough money to cover the bills they will file bankruptcy and everyone else will be left footing the bill for her care over the past few weeks.

 

[DisReno]

It's on the front page of the Contra Costa times today that the "girl is losing her battle for survival, her family says."

Then the attorney for the family goes on to say that "Right now, her body has detiorated so badly that we don't know if she is going to make it."

I don't even know if that makes sense...Of course, she has detriorated, the hospital was saying that all along. I don't know what the family is thinking by making that statement.

 

[*Fantasia*]

It's on the front page of the Contra Costa times today that the "girl is losing her battle for survival, her family says."

Then the attorney for the family goes on to say that "Right now, her body has detiorated so badly that we don't know if she is going to make it."

I don't even know if that makes sense...Of course, she has detriorated, the hospital was saying that all along. I don't know what the family is thinking by making that statement.

The whole family are hallucinating! Imagining things! After the attorney said about her body deteriorating.. I can see the family saying, "I saw her move! Look at her chest, it's going up and down.. she is still breathing and she is very much alive!" I guess even if her heart stops beating, the family may still say that she is still alive because the vent that is hooked up is keeping the chest go up and down. I guess the mother will just have to see her child rot away and smell her decomposed body. Until then, she will be on the vent. I know I sound heartless and cruel.. but this story is becoming a joke.. a circus.. and like I said many times.. I think the family is looking for money profit. And when they do sue (which we all know they will), I hope they lose the case and not get a single penny because they are making a mock out of this poor dead child. I do however hope that there are people out there who will donate money for her funeral and her burial site, that is if the mother will bury her or wait for a miracle to happen. Sorry... it just irks me that the child should already have been at peace 3 week ago. God have already called her Home and it's time to let her go. It is God's Will not theirs. If they truly believe in miracle, then they should have already taken the vent off long ago and see if there is miracle.

 

[shellypaige]

The grandmother was JUST on the news Sunday morning saying she had visited the girl and the girl was moving her hands and feet. Then yesterday the uncle said the girl smiled when they put her in the ambulance to leave the hospital. Now all of a sudden she's deteriorating badly? I smell a scam! Not once did these people put up a fight to feed the girl, they didn't say the hospital was denying food and water but now the attorney says the girl is in bad shape because she didn't eat for 26 days... Theyre just trying to make money on this poor girl. If they really believed in miracles they'd take her off the vent and let her try to breath on her own (and we all know what would happen then).
Such a shame!

 

[Tozzie]

Personally, I think the attorney is well aware the malpractice settlement wont be a windfall which is why he is pursuing the privacy/religous claims and it is also, imo, why he is going along with this charade to either get sympathy and hope those people are on the jury or create so much adverse publicity for the hospital that they will quickly settle the suit to make it "go away"


I personally think the whole lot of them are coocoo

 

[pigletgirl]

Personally, I think the attorney is well aware the malpractice settlement wont be a windfall which is why he is pursuing the privacy/religous claims and it is also, imo, why he is going along with this charade to either get sympathy and hope those people are on the jury or create so much adverse publicity for the hospital that they will quickly settle the suit to make it "go away"


I personally think the whole lot of them are coocoo

Privacy and Religious claims? The family are the ones who went running to the media!

That lawyer is truly disgusting!

 

[*Fantasia*]

I hope the juries are smart enough to know what is Brain Dead. And what happens to the body and the lack of functions or if any. The question is what exactly happened during the surgery and right after the surgery. That's where it all started downhill.

 

[Mickey'snewestfan]

The grandmother was JUST on the news Sunday morning saying she had visited the girl and the girl was moving her hands and feet. Then yesterday the uncle said the girl smiled when they put her in the ambulance to leave the hospital. Now all of a sudden she's deteriorating badly? I smell a scam! Not once did these people put up a fight to feed the girl, they didn't say the hospital was denying food and water but now the attorney says the girl is in bad shape because she didn't eat for 26 days... Theyre just trying to make money on this poor girl. If they really believed in miracles they'd take her off the vent and let her try to breath on her own (and we all know what would happen then).
Such a shame!

Inserting a feeding tube was part of the court case in both state and local courts. It's something the family has asked for repeatedly from very early on.

 

[luvsJack]

Can someone in the medical field answer a question for me?

Her heart stopping has been mentioned a couple of times. She is brain dead and has been for a few weeks and is breathing due to being on a ventilator, correct? But is a machine keeping her heart beating?

In one of the articles the family said if her heart quits beating then they will know she has given up. Why is her heart still beating?