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 A judge denied the family's petition to lengthen his restraining
order after two pediatric neurologists testified during a court
hearing in Oakland that 13-year-old Jahi McMath was without brain
function and thus beyond recovery.
Family members and their lawyer said after the proceedings that they
had not yet decided whether to dispute the medical findings or
appeal the latest decision by Alameda County Superior Judge Evelio
Grillo to a higher court.
"I just want to kiss Jahi's warm face like I do every day," her
grandmother, Sandra Chatman, said outside the courthouse.
The girl's uncle, Omari Sealey, said the hearing left him feeling
"numb," adding "We're still trying to digest it."
Jahi was admitted to Children's Hospital and Resource Center in
Oakland on December 9 for surgery to remove her tonsils but ended up
being declared brain dead three days later following complications
from the operation, hospital officials have said.
The family's lawyer, Christopher Dolan, said the surgery, aimed at
treating Jahi's sleep apnea, was considered routine, but after
surgery Jahi began bleeding profusely, suffered a heart attack and
then brain swelling.
The judge granted a restraining order on Monday barring doctors from
taking Jahi off the ventilator — a machine that has kept her
breathing artificially — against the family's wishes any sooner than
5 p.m. (8 p.m. EST).
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Grillo also ordered an independent examination of the girl's medical
condition, which was conducted on Monday under court order by Dr.
Paul Fisher from Lucile Packard Children's Hospital in Palo Alto,
California.
Both Fisher and another pediatric neurologist from the Oakland
hospital, Dr. Robin Shanahan, told the judge on Tuesday that Jahi
was brain dead, which differs from either a coma or a vegetative
state in that there is no brain activity whatsoever.
While it was unclear whether the family might elect to have the girl
removed from the ventilator before the judge's order expires, Dolan
indicated that relatives wanted to wait at least until after
Christmas.
"A big part of this race was getting this child to and through
Christmas," he said. "The most precious thing we have right now is
time."
(Reporting by Laila Kearney; writing by Steve Gorman)
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