tag:blogger.com,1999:blog-1809371631407381115.post7985175866518546897..comments2024-03-12T07:48:29.712+03:00Comments on Stories from the trauma bay: Jahi McMath updateDocBastardhttp://www.blogger.com/profile/12224592098492491365noreply@blogger.comBlogger357125tag:blogger.com,1999:blog-1809371631407381115.post-24245137098940685652020-01-14T17:12:23.333+02:002020-01-14T17:12:23.333+02:00This analysis is completely pedestrian and belies ...This analysis is completely pedestrian and belies a naïveté about medicine, physiology, and bioethics. And I’ll say that “full stop” because it also comes across as callous and lacking in empathy for this girls family. Liars and all that rubbish. Scott K. Aberegg, M.D., M.P.H.https://www.blogger.com/profile/17564774546019869201noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-91832110789272414472016-12-15T19:40:48.742+02:002016-12-15T19:40:48.742+02:00Incorrect. She is not a vegetable, she is dead. Ev...Incorrect. She is not a vegetable, she is dead. Everything else you said "about never talking, walking, etc) is true.DocBastardhttps://www.blogger.com/profile/12224592098492491365noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-31738382701866797662016-12-07T08:16:07.346+02:002016-12-07T08:16:07.346+02:00Sadly, she isn't dead, but she is severely bra...Sadly, she isn't dead, but she is severely brain damaged and will never be normal. She will never talk,walk, or ever be able to be fully conscious. Certain parts of her brain are just too far gone to ever achieve a fully functioning state. She will remain a vegetable. Very sad. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-18110184953272390242016-04-05T17:45:18.607+03:002016-04-05T17:45:18.607+03:00Hi Doc, I don't recall if you had a review of ...Hi Doc, I don't recall if you had a review of Dr Shewmon's updated declaration after his exam of Jahi in December 2014. You raised a few points 1- whether she responded in his presence 2 - whether he performed the test. 1. No 2. Yes and she failed. Here is a link with his declaration which was attached to the federal court complaint - courtesy of Professor Pope's site. http://www.thaddeuspope.com/images/15-12-23-1-2-Exhibit-to-Complaint_MD_decls.pdf Lasacgalhttps://www.blogger.com/profile/11078484330461337501noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-91524505347666251112016-03-18T13:48:56.682+02:002016-03-18T13:48:56.682+02:00Mary, if they are the pictures of Jahi with braids...Mary, if they are the pictures of Jahi with braids they probably came from the Instagram page of this New Jersey hairdresser. She's been doing Jahi's hair since her birthday and posted several photos of Jahi to advertise her braiding skills:<br /><br />https://www.instagram.com/yess_idoitall/<br /><br />She also posted a picture of some man on a vent who looks unconscious in a hospital bed. If you look at the comments on the pictures of Jahi Nailah posted several. She said she had to remove the braids once because Jahi got an EEG and the gel messed them up. I wonder when that was and if it had to do with the upcoming discovery part of the civil suit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-35078190064139840932016-03-18T06:05:05.540+02:002016-03-18T06:05:05.540+02:00At first I thought it was piercings, but enlarging...At first I thought it was piercings, but enlarging the picture I think it is dry peeling skin on her lips. In the pictures on the audacity of logic site, I am curious who took these pictures. I am sure the mom didn't. Visitors maybe? Caregivers? <br />They are scary looking. <br />Mary<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-32819325584637447122016-03-18T01:59:35.980+02:002016-03-18T01:59:35.980+02:00I saw a new and different view of Jahi yesterday (...I saw a new and different view of Jahi yesterday (thank you Slews Missy). Note that her birthmark/mole is visible in this photos and the area above her mouth and her upper lip.<br /><br />http://myhorseforum.com/attachments/12797803_1531362393826729_1658626300_n-jpg.547422/<br /><br />Photoshop magic (no little spot on her forehead) but they decided to show off the new piercings in her lips. <br /><br />https://www.facebook.com/keepJahiMcmathonlifesupport/<br /><br />She's brain dead, she doesn't care and it shouldn't matter but I find it appalling that they've pierced her lips. I don't know why and I realize it's silly but I'm upset by it nevertheless.<br /><br />When does this end?<br /><br />Hi Anonymous - It looks as though we both found it yesterday. I couldn't stop sputtering!<br /><br />Wednesday<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-57515438065646506842016-03-16T14:53:48.163+02:002016-03-16T14:53:48.163+02:00Wednesday, There are a couple of pictures on the A...Wednesday, There are a couple of pictures on the Audacity of Logic page in which Jahi's skin doesn't appear as flawless as in the recent one on the keep page, no makeup or hazy filters. It's quite a contrast.<br /><br />https://www.facebook.com/jahimcmathandtheaudacityoflogic/photos/pcb.1696885130555036/1696885113888371/?type=3&theaterAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-57335904413023219512016-03-16T14:43:30.024+02:002016-03-16T14:43:30.024+02:00Wednesday, I don't think that's a piercing...Wednesday, I don't think that's a piercing. It must be the light reflecting from her heavily glossed lips. It's also apparent on the upper lip. It looks like just Jahi's face is photographed through some kind of hazy filter, it's not as clear as the rest of the photo.<br /><br />I was reading the comments and they haven't yet deleted all of the ones saying she is dead. The Keepers are remarking that she must be alive because she's seems to be maturing with longer hair, etc.. I wish this wasn't such an old thread. Maybe Doc could explain how the body, nails and hair can all still grow while maintained on a vent. After all her body is still alive biologically. <br /><br />The Keepers make a big deal out of the perfect skin on her face but I wonder what's going on with the skin on the rest of her body. It's hard to believe there hasn't been any breakdown on the rest of her body yet. It would take a lot of constant turning to prevent pressure sores after all this time.<br /><br />Scarab, I saw those documents yesterday. The defendants in the federal case have motioned to dismiss or at least issue a stay until the other case is settled since they both depend on settling the issue of life or death and the other case is further along in the process. They make a good argument why the federal court should abstain although I thought the defendants in the civil case made a good legal argument and Freedman dismissed their demurrers anyway.<br /><br />I am anxious for them to get to discovery already. It will be interesting to see if plaintiffs have any actual current evidence to offer. I like how Ann Neumann put it in her Daily Beast essay, every doctor not hired by Jahi's mother or attorney have diagnosed her as brain dead.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-33166007692335831422016-03-16T04:55:43.162+02:002016-03-16T04:55:43.162+02:00@ Anon. March 6 and Wednesday - I totally agree th...@ Anon. March 6 and Wednesday - I totally agree that this continued mention of Ms. Winkfield's family's "deeply held Christian religious beliefs" doesn't seem relevant here. Not only have we not seen any actual "religious leaders" from *any* denomination, Christian or otherwise, supporting the family's actions, but we haven't even seen any public statements from anyone who's claimed to be the *family's* spiritual advisor (a pastor, minister, chaplain, or anyone who's been with them in that capacity, either over the past few years or during the time preceding Jahi's demise). <br /><br />Not surprising, really, since all "Christian" religions, regardless of the denomination, recognize the fact that the mortal body was not meant to contain the spirit indefinitely, and that there comes a point in time when the spirit moves on from its temporary container. While the Christian traditions, like most others, suggest respectful disposal of the earthly remains, none suggest that we continue to treat a dead body as a living person after that transition happens.<br /><br />Legal update - Prof. Pope has posted some new filings done this week:<br /><br />1. Alameda County Court has filed a request for dismissal of Dolan's federal case. <br /><br />2. Judge Freedman has overruled the demurrers filed by CHO and Dr. Rosen. This wasn't too surprising. What *was* surprising, to me, is that the Alameda Superior Court's Supervising Judge, Dr. Ioana Petru, has also rejected the "notice of related case" filing done by Dr. Rosen (his contention that plaintiffs were "forum shopping" by disregarding Judge Grillo's instruction to bring any subsequent filings back to *his* court, and that Judge Freedman shouldn't have jurisdiction). I don't see how they're *not* related, since it's the same old argument, presented by the same plaintiffs, with no real new information. <br /><br />Original docs here as usual:<br /><br />http://thaddeuspope.com/jahimcmath.html Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-15935024425678217762016-03-16T04:51:35.829+02:002016-03-16T04:51:35.829+02:00I see a new photo posted to the Facebook page. Ev...I see a new photo posted to the Facebook page. Evidently Jahi requested some piercings in her lip. Surely her mother and other family members wouldn't just do this because she couldn't shake her head "no" when asked if she wanted them.<br /><br />WednesdayAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-9911460873668839932016-03-06T16:15:52.758+02:002016-03-06T16:15:52.758+02:00I think the Daily Beast article by Ann Neumann was...I think the Daily Beast article by Ann Neumann was referencing the federal case Dolan filed recently regarding rescinding Jahi's death certificate. That suit does contain a component declaring that Jahi's right to freedom of religious expression is being violated due to her sincerely held belief that death does not occur until the heart stops. <br /><br />What puzzles me in all of this is the fact that no mainstream Christian religion specifically precludes accepting a diagnosis of death by neurological criteria. They all accept brain death as a valid diagnosis. The people who adhere to this excuse as their reason for refuting such a diagnosis are doing so because of their own personal interpretation that as long as the body is functioning all medical treatment must be continued. No Christian denomination that I'm aware of insists on the continuation of such support after a declaration of death has been made, regardless of whether it was by cardiac or neurological criteria.<br /><br />Speaking of the federal case, I think a case management conference is scheduled for March 22. It will be interesting to see how the higher court handles the issue of the death certificate. I doubt anything will sway Judge Freedman from his opinion that:<br /><br />"By statute, a death certificate is prima facie evidence of the facts stated therein but is subject to rebuttal and explanation."<br /><br />The matter of re-litigating whether or not Jahi is legally dead or alive will go forward in Freedman's court regardless of what happens with the federal case.<br /><br /><br /><br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-5561718653814214972016-02-29T06:35:21.845+02:002016-02-29T06:35:21.845+02:00Here's another article that focuses on the &qu...Here's another article that focuses on the "religious exemption" angle:<br /><br />http://www.thedailybeast.com/articles/2016/02/22/can-a-brain-dead-teen-claim-religious-freedom-the-case-of-jahi-mcmath.html<br /><br />What continues to confound me is the fact that so many who are commenting on this situation seem to be unaware of the fact that Jahi's family, at least until the present time, never yet actually *needed* to exercise that "religious objection" that is allowable under New Jersey state law. <br /><br />That option is meant to apply to situations in which a medical determination of death by neurological criteria *has* been made by the attending medical professionals, and the family refuses to allow medical support to be terminated. As far as we know, this wouldn't have applied to Jahi's case, because she was admitted to St. Peter's Hospital as a living patient of Dr. Fellus. He was affiliated with the IBRF, and we know that *they* were, at the time, considering Jahi to be "alive but suffering severe brain damage," and were hoping that some of their "innovative treatments" would bring about improvements in her condition. We remember Dolan's comments about how "Jahi was doing so much better" once she began receiving hydration, enteral nutrition, and hormone replacement therapy. When the stay at St. Peter's ended with the revocation of Dr. Fellus's license, and Jahi was moved into the home care arrangement, we know that Dr. Eck assumed responsibility for her care as a "severely disabled, due to anoxic brain injury" patient, since we saw that in the Medicaid documentation submitted with some of the court filings. <br /><br />Point being, though Jahi's family most likely *would* use the religious exemption if any doctor involved with the case *did* make a DDNC, it hasn't *yet* happened. <br /><br />And, IMHO, those commenters who continue to reference "the family's deeply-rooted faith and Christian beliefs" are selectively overlooking another important reality also. With all of the mainstream media coverage this case has received, as well as social media postings by family members, we've seen nothing, either from the family or anyone on their legal team, about any visits or other ongoing involvement with the family's pastor, chaplain, or other spiritual advisor, and we've seen no public statements of support from any religious leaders in any faith denomination, Christian or otherwise. <br /><br />Even Wesley J.Smith, who often tends towards the "right-to-life" perspective, correctly recognizes that religion is not the real issue in this case:<br /><br />http://www.nationalreview.com/corner/431718/false-religious-media-narrative?target=author&tid=73549Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-25182871883905178572016-02-13T15:25:09.594+02:002016-02-13T15:25:09.594+02:00The thing that I wonder about is why they claim th...The thing that I wonder about is why they claim that it has anything to do with Jahi's religious beliefs. I haven't seen anyone coming forward with statements from the leaders of her church testifying to the child's beliefs. We know what Mrs. McMath states are her beliefs...now. She's a minor, so would her religious beliefs have played a role at all?<br /><br />"This author got it right. What plaintiff's are asking by way of their federal lawsuit is the "right to life after death."<br /><br />That, plus the right for others to pay for her to continue to be above ground rather than her family footing the bill.<br /><br />WednesdayAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-91980661898587019382016-02-05T07:49:59.117+02:002016-02-05T07:49:59.117+02:00Interesting article, thanks for sharing this. Interesting article, thanks for sharing this. Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-57316483000315267292016-02-02T15:23:47.893+02:002016-02-02T15:23:47.893+02:00On January 29th the court ordered that a joint sta...On January 29th the court ordered that a joint statement regarding trial date, length of trial and discovery issues be filed by 4/4/2016. A continuance of the case management conference is scheduled for 4/8/2016.<br /><br />Freedman took the demurrers under submission but he has made it clear he isn't persuaded by the defendant's arguments.<br /><br />At this rate discovery won't be happening any time soon. Meanwhile, plaintiff's evidence makes a farce of its claim to be new.<br /><br />Dolan recently told a reporter that Ms. Winkfield has almost depleted the proceeds from the sale of her house. Those frequent flights back to CA aren't cheap but at least Jahi still has her Medicaid coverage. <br /><br />Columbia Law School featured an interesting article regarding the McMath case:<br /><br />http://blogs.law.columbia.edu/publicrightsprivateconscience/2016/01/05/the-death-exemption-jahi-mcmath-the-right-to-life-after-death/<br /><br />This author got it right. What plaintiff's are asking by way of their federal lawsuit is the "right to life after death.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-72805435560281721362016-02-02T00:03:20.772+02:002016-02-02T00:03:20.772+02:00Professor Pope has a new post up regarding the cas...Professor Pope has a new post up regarding the case management conference last Friday. It looks like Rosen and CHO anticipate their demurrers being over ruled so they've filed some sort of request for an appeal which plaintiffs have already objected to.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-85942969884778543972016-01-28T04:48:57.707+02:002016-01-28T04:48:57.707+02:00Wednesday, I totally agree. "Med mal mess&quo...Wednesday, I totally agree. "Med mal mess" is a MUCH more accurate description of this particular legal proceeding! IMHO, neither of the named defendants actually have a horse in this race, since the *real* focus is re-litigating the "dead or alive" issue. <br /><br />Sure, it's possible that Jahi's mom completed her travel earlier in the week, before the airlines began cancelling flights into and out of the areas that would be affected by the storm. But this major storm was *predicted* by the middle of the week. It just seemed an odd time to travel, knowing that a major storm would hit the area in which a loved one in a home-care arrangement may face an interruption in service. A backup generator to keep the vent and a few other essential appliances running is great, but it doesn't address the potential problems caused by closed roads (nurses can't get out to meet their shift schedules), flooding (some of the buildings in NJ were inundated by water up to the 2nd floors), and other service interruptions. Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-68650872671215975112016-01-27T08:04:54.582+02:002016-01-27T08:04:54.582+02:00Oh shoot, I forgot to include my name. I just sub...Oh shoot, I forgot to include my name. I just submitted a post - Wednesday.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-88125732584295794932016-01-27T08:04:21.544+02:002016-01-27T08:04:21.544+02:00Scarab wrote, "med mal case"; I initiall...Scarab wrote, "med mal case"; I initially read it as "med mal mess". I like mine better!<br /><br />How bizarre that she purchased her own backup generator. When a friend of mine was caring for her mother who was dying of cancer, she had all sorts of medical equipment and the apartment complex provided a backup generator. Different state, maybe that has something to do with it. I'll go find the updates and read them. Thank you.<br /><br />I wonder if Mrs. Winkfield flew out on Thursday ahead of the storm. I don't know how it affected the big airports in NJ and NY, but National, Dulles and BWI were all affected by the storm. I think they were closed, or at least a lot of flights were cancelled, on Friday the 21st. They were definitely closed through Sunday.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-61659832418610612032016-01-25T05:07:27.370+02:002016-01-25T05:07:27.370+02:00It will be interesting to see if Ms. Winkfield mak...It will be interesting to see if Ms. Winkfield makes a personal appearance at the next hearing (Friday, January 29). Local intel reports that she was back in Oakland this weekend to visit friends and celebrate the birthdays of two of the younger kids, and Prof. Pope reports that the plaintiffs have until Wednesday (27th) to file their response to those supplemental briefs submitted by CHO and Dr. Rosen.<br /><br />Maybe just coincidence. Still, remember those tales of woe reported by Dolan *last* winter, when we learned that the rent on Nailah's apartment in New Jersey was in arrears? Supposedly, her resources were pretty much depleted, since she was so afraid of the rough winters in NJ that she'd bought a backup generator to keep in the place, to be sure that the ventilator could be kept on in case of a power outage. Now we've seen the well-predicted but worst winter storm in recent memory hit the eastern portion of the USA, which left parts of NJ under water, and other areas affected by closed roads. Seems like an odd time to make a strictly social visit "back home"...Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-70771443061926777462016-01-24T16:44:39.472+02:002016-01-24T16:44:39.472+02:00There are so many comments in this thread that the...There are so many comments in this thread that they sometimes refuse to load so I'll just drop the latest court documents from Professor Pope's Jahi McMath page here:<br /><br />http://thaddeuspope.com/jahimcmath.html<br /><br />CHO and Dr. Rosen just filed supplemental support documents for their respective demurrers in anticipation of the Case Management Conference scheduled for Friday, January 29th. Professor Pope expects Plaintiffs to file their answer on Wednesday the 27th.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-90134403439127737492016-01-24T08:16:10.889+02:002016-01-24T08:16:10.889+02:00Prof. Pope has posted two new documents filed in t...Prof. Pope has posted two new documents filed in the med mal case, by CHO and Dr. Rosen. These are supplemental briefs in support of their demurrers, filed on Jan 20 and 21, respectively. So, this would be their follow-up to whatever happened in court at the January 8 hearing, and to Judge Freedman's tentative ruling at that time. <br />Each takes a slightly different approach to the legal confusion caused by Judge Freedman's decision to allow the plaintiffs to present their "evidence" in the case before him. <br /><br />CHO's response focuses on the broader issues related to why a determination of death needs to be "final," in terms of the medical, legal, and societal consequences if we were to do otherwise. Rosen's response deals in more detail with the specifics of the case, focusing on the fact that Judge Grillo's ruling still stands. It cites the legal impropriety of one superior court judge choosing to set aside a ruling already made by a peer, and also cites the specifics of the "forum shopping" done by Ms. Winkfield and her legal team. His point is that the integrity of the existing legal system would devolve into sheer chaos if everyone who wasn't satisfied with a particular judge's order kept filing new cases to present to different judges in hopes of getting a more favorable outcome. <br /><br />Both are, IMHO, worth reading for anyone interested in following the case. Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-10635295360199196112016-01-19T16:36:46.490+02:002016-01-19T16:36:46.490+02:00Well said Scarab! "...Doc B. has been our gra...Well said Scarab! "...Doc B. has been our gracious host throughout this process..."<br />My sentiments and appreciation to Doc B as well. <br /><br />As for Anonymous (Shades of John), I find your questioning Doc B's integrity to be meritless, as well as offensive.<br />Really! Just because you started having periods past the age of fourteen invalidates the 12.2 year standards... So what's your point? That doesn't invalidate the statistics that Doc B supplied as a generalization.<br /><br />As for me, I was quite a bit past your age when I started my period. I was damn near sixteen years old. However, it never entered my mind that statistics hadn't considered "late bloomers" such as myself, in the equation so therefore Doc was wrong in relaying that info. <br />I also hadn't "sprouted" like Jahi had at the age of 10 or so. At the age of thirteen I was quite opposite of Jahi though, being quite small for my age, short, underweight but healthy, nowhere near close to the onset of "thelarche and or menarche" stage. Which makes sense that I started "menarche" much later than she did. <br /><br />IMHO, I suspect that Jahi had most likely started having periods a good year or so BEFORE Dec. 2013.<br />BTW, if you want to question one's integrity- I'd start with the ones who are claiming Jahi started having periods and chest growth, *conveniently* AFTER her death.<br /><br />~Litewait ;)<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-77560826878651928092016-01-17T08:48:03.335+02:002016-01-17T08:48:03.335+02:00Again, I think this whole argument comes back to t...Again, I think this whole argument comes back to the debate about whether or not the generally-accepted "medical standards" conform *completely* with the language in the UDDA that says "irreversible cessation of ALL brain function." <br /><br />Those who believe in the concept of DDNC maintain that when the brain is damaged to the extent that it no longer has the ability to "do its job," in terms of maintaining a human being's cognitive ability and regulating the various processes throughout the body, "function" is no longer present. The anti-brain-death advocates maintain that as long as the brain hasn't completely liquefied, an EEG picks up *any* trace of electrical activity, or anything that *looks* like it *might* be related to hypothalamic activity is still observed, there is still some "function" continuing. So it isn't "all" gone. <br /><br />And, we don't know, for sure, if Judge Freedman has actually *read* Dr. Shewmon's statement, regarding the December 2014 observations. According to the case documents we've seen so far, it hasn't yet been formally *presented* by Brusavitch's team, although it's been generally referenced in the pleadings. First time I saw it was with Dolan's filing of the federal civil rights case in December. <br /><br />Anyway, though Dr. Shewmon's statement acknowledges that Jahi didn't pass the standard bedside exams, he's still hanging on to that "evidence of hypothalamic function" argument, because of the puberty observations (we know the breast development was bogus, who knows about the menarche) and because of the family's videos that show the "intermittent responsiveness," even though he admits he wasn't able to personally observe it. Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.com