This Thursday at 2:00, in Department 20 of the Alameda County Superior Court, Judge Freedman will hold a hearing on the medical defendants' demurrer to the medical malpractice complaint by the family of Jahi McMath. The focus of the hearing will apparently be on whether the the family will be permitted the opportunity to prove that Jahi is alive.
In a reply brief in support of his demurrer to the McMath family complaint, Dr. Rosen rightly notes that the family asserts Jahi had "miraculously managed to reverse her irreversible brain death, and she is now a living person." Dr. Rosen compares the family's allegation to "a scene in a science fiction movie."
Dr. Rosen argues that the court should "refrain from giving any legitimacy to plaintiffs' incredible claim that Jahi has regained brain function after sustaining irreversible brain death in December 2013." After all, Rosen argues, "brain death is an irreversible condition by accepted medical science and statutory definition. . . . Plaintiffs' contention that Jahi's brain death is medically reversible runs afoul of the UDDA, science, and . . . societal interests . . . ."
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