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.”
The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.