Bioethics Blogs

Jahi McMath Family Can Prove She Is Now Alive

Today was the hearing on the defendants’ demurrer to the McMath family’s first amended complaint.  Judge Freedman issued a tentative ruling about an hour before the hearing.  

This tentative ruling like Judge Freedman’s ruling on the defendants’ original demurrer, strongly supports the plaintiffs’ right to have an opportunity to prove that Jahi is alive.  He concludes that they should have this right notwithstanding prior determinations of death.  Indeed, the judge apparently even said “I don’t know the state of cryogenics today, but maybe people can come back.”

Still, the parties did not have time, today, to address all of Judge Freedman’s questions and concerns.  So, the hearing was continued to January 29.   Interestingly, Christopher Dolan was there to talk about the Federal case against the state.  He suggested all of the three cases should be combined into one Federal case “to avoid inconsistent rulings.” 

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.