Bioethics Blogs

Jahi McMath Malpractice Lawsuit – June 2015 Update

As I blogged here in March 2015, the family of Jahi McMath filed a medical malpractice action against Oakland Children’s Hospital and several individual clinicians.  

Last week, the lead defendant, otolaryngologist Frederick Rosen, filed a demurrer (76-page PDF). Not surprisingly, the demurrer starts by arguing that Jahi “is deceased” and therefore does “not have standing to allege a personal injury claim.”

Furthermore, anticipating that this is a fact the plaintiffs contest, the defendant contends that “Judge Grillo’s [January 17, 2014] Judgment and finding of’death is not subject to reversal, reconsideration, re-opening or collateral attack. Jahi’s brain death is, tragically, final and irreversible. . . .  This court must give conclusive effect to Judge Grillo’s final Judgment and should not entertain plaintiffs’ claim that Jahi is no longer dead.”

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