Bioethics Blogs

Jahi McMath – Court’s Tentative Ruling

Alameda County Superior Court Judge Freedman issued the following tentative ruling on on the demurrer to the Jahi McMath medical malpractice action on which there will be a hearing this afternoon.  

This is a direct copy and paste from the court’s website, except that I made the text blue and added some paragraph breaks.

This Tentative Ruling is made by Judge Robert B. Freedman On the Demurrer to Complaint by Defendant Frederick S. Rosen, M.D. (“Dr. Rosen”), filed on June 16, 2015, COUNSEL ARE TO APPEAR, in person or by CourtCall, at the hearing at 2:00 p.m. on July 30, 2015. The hearing will take place in Department 16, instead of Department 20, which is on the third floor of the Administration Building, 1221 Oak Street, Oakland. This is solely a location change for this hearing (at which Judge Freedman will preside) and not a reassignment. 

(1) As to the demurrer to the First Cause of Action for personal injuries on behalf of Jahi McMath (“Jahi”), the court is inclined to sustain the demurrer, but wants counsel to address the collateral estoppel argument in more detail at the hearing, as set forth in the court’s accompanying tentative ruling on the demurrer by Dr. Rosen. 

(2) The court is inclined to drop the motion to strike the allegation as to “medical, nursing and other related expenses in the future” (Complaint, ¶ 36) as moot in light of whatever ruling the court makes on the demurrer to the First Cause of Action. 

(3) The court will address the motion to strike the language “[i]n the event that it is determined Jahi McMath succumbed” (Complaint, ¶ 44), and whether it is necessary to have a successor in interest or personal representative pursue a malpractice claim on Jahi’s behalf, in the context of its determination as to the First Cause of Action. 

(4) The court intends to grant the motion to strike the inclusion of Marvin Winkfield as a plaintiff on the wrongful death cause of action as unopposed.

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.