Brain Death Case – Kaiser Continues to “Treat” Israel Stinson

The U.S. District Court for the Eastern District of California has extended the
TRO mandating Kaiser to “treat” Israel Stinson until May 11.  That is the day scheduled for a hearing on the preliminary injunction.

Dr. Chris Palkowski, chief of staff at Kaiser Permanente Roseville Medical Center, issued the following statement on Monday’s court hearing.  (HT Fox40)

“Our hearts go out to this family as they cope with the irreversible brain death of their son, and we continue to offer our support and compassion to them. We will continue to comply with orders issued by the Federal court.”

“Last week, the California Superior Court ruled that Kaiser Permanente Roseville complied with all state requirements (under California Health and Safety Code 7180 and 7181) that specify what steps physicians and hospitals must take to determine brain death. Israel’s parents asked the California Superior Court to rule that Kaiser Permanente’s procedures for determining brain death did not comply with the law. The Court ruled that Kaiser Permanente fully complied with the state law. The Court also ruled that Kaiser Permanente fully satisfied the law’s requirement that a hospital provide a reasonable amount of time after determining brain death, to allow the family to come together.”

“California’s law is modeled on one that has been adopted in nearly all the states in the nation. It’s called the Uniform Determination of Death Act and applies to all, regardless of religion. At Monday’s hearing, the family asked the Federal Court to challenge this California law, and rule that federal law provides an exception in the case of a religious belief that brain death does not exist.”

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.