ThaddeusPope.com

Bioethics, Health Law, Normative Jurisprudence

Jahi McMath - A Dispute over Brain Death

This page collects primary legal materials from the several court proceedings (now numbering six) concerning the death of Jahi McMath. For materials on brain death generally, see the separate "Brain Death" page. Because of copyright restrictions, I do not collect secondary literature on the case. But I do provide bibliographic citations to the more useful articles.

Federal Civil Rights Lawsuit against State of California

N.D. Cal. No. 3:15-CV-06042

Rosen Motion to Dismiss 03-29-16

Rosen Motion to Intervene 03-29-16

Alameda County Motion to Dismiss (Mar. 14, 2016)

California motion to dismiss (Mar. 11, 2016)

McMath v. State of California (ND Cal. Dec. 2015) (Complaint)

Appendix 1 to complaint - death certificate

Appendix 2 to complaint - old MD declarations 1

Appendix 3 to complaint - old MD declarations 2

Appendix 4 to complaint - old MD declarations 3

Appendix 5 to complaint - MRI 1

Appendix 6 to complaint - MRI 2

Appendix 7 to complaint - MRI 3

Appendix 8 to complaint - Death certificate letters; new decls

Medical Malpractice Case (by mother)

Alameda County Superior Court, Cal. No. RG15760730

Reassignment of Judge 04-06-16

Joint Case Management Statement 04-04-16

Rosen Opposition to Bifurcation 04-04-16

UUCSF Opposition to bifurcation 04-04-16

Winkfield Motion to Bifurcate (Mar. 18, 2016)

UCSF case Management Statement (Mar. 18, 2016)

Rosen case Management Statement (Mar. 21, 2016)

Winkfield case Management Statement (Mar. 23, 2016)

Order overruling UCSF demurrer (Mar. 14, 2016)

Order overruling Rosen demurrer (Mar. 14, 2016)

Winkfield Opposition to Certification Request 01-27-16

UCSF Request to Certify Appeal 01-27-16

Rosen Request to Certify Appeal 01-27-16

Rosen supplemental brief in support demurrer (Jan 21, 2016)

UCSF supplemental brief in support demurrer (Jan 20, 2016)

Tentative Ruling on Demurrer (Jan 8, 2016)

Case Management Order (Jan. 6, 2016)

Winkfield v. Rosen (Alameda Cty, Dec. 31, 2015) (UCSF Reply support demurrer)

Winkfield v. Rosen (Alameda Sup. Dec. 30, 2015) (Reply support demurrer)

Winkfield v. Rosen (Alameda Sup. Dec. 23, 2015) (Opp to demurrer)

Winkfield v. Rosen (Alameda Sup. Nov. 25, 2015) (Amended Notice Demurrer)

Winkfield v. Rosen (Alameda Sup. Nov. 25, 2015) (joinder)

Winkfield v. Rosen (Alameda Cty, Nov. 2015) (hospital demurrer to FAC)

Winkfield v. Rosen (Alameda Sup. Nov. 23, 2015) (Demurrer, Motion Strike FAC)

Winkfield v. Rosen (Alameda Sup. Nov. 24, 2015) (amendment to complaint)

Winkfield v. Rosen (Alameda Sup. Nov. 23, 2015) (notice related cases)

Winkfield v. Rosen (Alameda Cty, Nov. 23, 2015) (Case Management Statement)

Winkfield v. Rosen (Alameda Cty, Nov. 2015) (FAC)

Winkfield v Rosen (Alameda Sup. Ct. Oct 20, 2015) (order sustaining demurrer UCSF)

Winkfield v Rosen (Alameda Sup. Ct. Oct 20, 2015) (order sustaining demurrer Rosen)

Winkfield v. Rosen (Alameda Cty. July 29, 2015) (tentative ruling demurrer)

Winkfield v. Rosen (Alameda Cty. July 23, 2015) (UCSF reply ISO demurrer)

Winkfield v. Rosen (Alameda Cty. July 23, 2015) (Rosen reply ISO demurrer)

Winkfield v. Rosen (Alameda Cty. July 17, 2015) (Opposition to demurrer)

Winkfield v. Rosen (Alameda Cty. July 8, 2015) (plaintiff case mgmt stmt)

Winkfield v. Rosen (Alameda Sup. Ct., June 19, 2015) (DEF Hospital demurrer) (65p).pdf

Winkfield v. Rosen (Alameda Sup. Ct., June 19, 2015) (DEF Rosen demurrer) (76p).pdf

Winkfield v. Rosen (Alameda Cty. Sup. Ct, Cal., Mar. 2015) (complaint)

Medical Malpractice Case (by father)

Alameda County Superior Court, Cal. No. RG15796121

McMath v. Rosen (Alameda Sup. Dec. 2015) (Complaint)

Writ of Error Case

Petitioner Motion to Present Additional Evidence (Oct. 8, 2014)

Dolan - October 8, 2014 Press Release

Paul Fisher letter & Objection to Fisher

(5) Physician Declarations and CVs for Petitioner

Writ of Error Corum Nobis (Oct. 3, 2014)

Declaration of Christopher Dolan (Oct. 3, 2014)

Declaration of Calixto Machado (Oct. 3, 2014)

Declaration of Alan Shewmon (Oct. 3, 2014)

Winkfield v. CHO (Alameda County Sept. 30, 2014) (order)

Winkfield v. Children Hospital Oakland (Alameda Cty. Cal., Sept. 30, 2014) (Petition)

Federal Injunction Case

Winkfield v. Children Hospital Oakland (ND Cal. Jan. 6., 2014) (Order denying TRO)

Winkfield v. Children Hospital Oakland (ND Cal. Jan. 6, 2014) (notice status conference)

Winkfield v. Children Hospital Oakland (ND Cal. Jan. 6, 2014) (notice settlement)

Winkfield v. Children Hospital Oakland (ND Cal. Jan. 3, 2014) (Opp to motion compel tube)

Winkfield v. Children Hospital Oakland (ND Cal. Jan. 2., 2014) (settlement conf.)

Winkfield v. Children Hospital Oakland (ND Cal. Dec. 30, 2013) (Exhibits 2 of 2)

Winkfield v. Children Hospital Oakland (ND Cal. Dec. 30, 2013) (Exhibits 1 of 2)

Winkfield v. Children Hospital Oakland (ND Cal. Dec. 30, 2013) (Complaint & Request TRO)

State Injunction Case

Winkfield v. Children Hospital Oakland (Alameda Cty. Cal., Jan. 6, 2014) (Lappin amicus brief)

Winkfield v. Children Hospital Oakland (Alameda Cty. Cal., Jan. 3, 2014) (case mgmt stmt)

Winkfield v. Children's Hospital Oakland (Alameda Cty. Cal., Jan. 3, 2014) (stipulation)

Mcmath v. Superior Court (Cal. App. Dec. 30, 2013) (writ petition)

Mcmath v. Superior Court (Cal. App. Dec. 30, 2013) (writ petition)

Winkfield v. Children Hospital Oakland (Alameda Cty. Cal., Dec. 2013) (physician declarations)

Winkfield v. Children's Hospital Oakland (Alameda Cty. Cal., Dec. 23, 2013) (court orders)

Winkfield v. Children's Hospital Oakland (Alameda Cty. Cal., Dec. 20, 2013) (TRO & hospital Opp.)

Other Legal Documents

CMS Hospital Inspection Report (Mar. 2014)

Significant Articles about Jahi McMath

John M. Luce, "The Uncommon Case of Jahi McMath," Chest 147(4):1144-1151 (2015).

See my extensive blogging coverage at medicalfutility.blogspot.com

[more citations to be added]