Bioethics Blogs

Jahi McMath – Demurrer to the 1st Amended Complaint – Jan. 8, 2016

As I blogged earlier, on October 20, 2015, the Alameda County Superior Court permitted the family of Jahi McMath to amend their complaint against Children’s Hospital Oakland and Dr. Rosen.  The purpose of the amendment was to more fully allege how Jahi is now alive (and thus entitled to litigate some of the asserted claims).  

On November 4, 2015, the family filed that amended complaint.  Yesterday, the defendants filed a demurrer to the amended complaint.  The demurrer is over 500 pages long and I am now getting a copy.  But it presumably again challenges the sufficiency of the allegations regarding Jahi’s status as alive.  A hearing on this demurrer is set for January 8, 2016 at 11:00 am.

Today, the defendants also filed a case management statement indicating that they will take the deposition of plaintiffs next Monday.

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.