Fonseca v. Kaiser – Brain Death Dispute Now at U.S. Court of Appeals

The family of Israel Stinson continues fighting to make Kaiser continue his physiological support despite an independently confirmed brain death diagnosis.  The family has now lost both before the Placer County Superior Court and before the U.S. District Court for the Eastern District of California.

The family has now appealed the federal court ruling to the U.S. Court of Appeals for the Ninth Circuit.  That court set the following briefing schedule:

  • Opening brief and excerpts of record are due not later than June 13, 2016
  • Answering brief is due July 11, 2016 or 28 days after service of the opening brief, whichever is earlier
  • Optional reply brief is due within 14 days after service of the answering brief

Obviously, the appeal will not be decided until at least August.  The appeal would be moot if physiological support were withdrawn when the trial court’s TRO expires on this Friday.  So, the family has made an emergency motion for injunction pending appeal.  Kaiser must respond to the emergency motion by 9:00 a.m. on May 19, 2016.

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.