Showing posts with label Brain Death. Show all posts
Showing posts with label Brain Death. Show all posts

Wednesday, March 4, 2015

Jahi McMath: Family Files Lawsuit Against Hospital, Surgeon

Jahi McMath with her mother, Latasha Nailah Winkfield.
Source: Latasha Winkfield's "GoFundMe.com" account.

Wednesday, March 4, 2015
"Just when I thought I was out... they pull me back in."
Michael Corleone in The Godfather, Part III

That's how I feel about the Jahi McMath case. Just when I thought this case would sleep with the fishes, and I wouldn't have to think/write about it anymore, the family files a lawsuit and Jahi McMath is in the news again.

Here is the malpractice complaint that was filed against Dr. Fredericks Rosen, the surgeon who performed Jahi's surgery and Children's Hospital Oakland.

T&T readers, here is your opportunity to weigh in on what you think will happen with this lawsuit.


Saturday, October 4, 2014

Jahi McMath: Alive Again?

GUEST ENTRY BY KZ, a Certified Registered Nurse Anesthetist.

I asked KZ to weigh in on the recent developments in the Jahi McMath case. Enjoy! Sprocket.
T&T''s Jahi McMath Case Quick Links - Case Coverage.

Jahi McMath: Alive Again?
Well, I took one for the team, and subjected myself to watching most of the Dolan Law Firm press conference on JahiMcath last evening. It was an exercise in visual, auditory, and intellectual torture, IMO. I actually quit watching with 30 min to go, and I’m not sure if I have the fortitude to go back and finish it.

Here is a link to the video conference (skip to 13:47 to start—the first 13 min are set up and chatter by media).


Some of my observations:


Dolan had 9 months to prepare for this volley, and IMO, he was woefully unprepared, and tremendously disorganized—which is rather surprising for an attorney. He did have a few nice powerpoint picture slides—ones that any 6th grader could have put together in the 15 min before the press conference. He didn’t have control of his experts by phone, and had no idea what they were going to say, and how far into the weeds they would go when allowed to talk. They rambled on and on and on, and whatever salient points they had were very difficult to ascertain. (Maybe that was the whole point—“baffle ‘em with BS!”)



What I did glean is that the psychologist Elena Labkovsky who did the EEG, actually does not have any experience at all with doing EEG’s for establishing brain death. Her experience with EEG’s is in living patient with significant mental health conditions—which is highly, highly different from traumatic brain conditions. She is not a medical doctor, she is a psychologist—not even a psychiatrist. I highly doubt that she would be qualified as an expert in court for purposes of establishing brain death. Just because she knows how to hook up the electrodes to the patient and the apparatus, does not mean she is qualified to interpret the findings in a case such as this. 



For example, a technician with a high school education can be trained to hook up an EEG or EKG machine, but they are not qualified to interpret the diagnostic test. Reputable medical centers do not use psychologists to administer EEGs to establish brain death, nor do they use psychologists to interpret the findings of EEGs in cases of acute brain injury. There is a place within healthcare for psychologists to consider the results of EEGs in the care of patients with mental health conditions, but this is not such a case, IMO. And as Dr. Arthur Kaplan commented in an article, he could detect some electricial activity in a bowl of jello. (If you doubt this, remember the potato- as- a- battery experiments and lemon battery experiments from grade school?)



Dr. Machado and Phillip Defina talked at length about brain stem function versus higher cerebral activity. This is where the conversation went far into the weeds, IMO. They both seem to embrace that total brain stem death is separate from higher cerebral death. If I understood their garbled audio correctly, they want the brain stem to be considered separately from the higher cerebral portions of the brain. (Again, reference the lemon battery experiments above for my opinion on this.) This is VERY far outside of any kind of mainstream medical or scientific thinking about total brainstem functioning.



They also want to reject the “integrated functioning” explanations of brain death, such that if there is cell functioning, or cell signals anywhere in the body or remnants of brain tissue, that the person should not properly be considered dead. Again, my opinion is that cells can be sustained outside the body for a long time, kidneys and other solid organs can survive outside the body during preparation for transplant, so I’m not sure how an argument about somatic support of cells and organs equals “not brain dead”. 



There appears to be some discernible structure left to Jahi’s brain. MRI appears to establish that. It does mean that whatever changes have occurred inside her skull have not resulted in complete liquefaction of the brain tissue. That still doesn’t mean she is alive, or that her brain has any function .The remnants of structure on MRI cannot automatically be ascribed as living, functioning tissue. Plenty of people have failed, dead organs such as kidneys, that are still in situ (in the body), and even isolated from perfusion, but are basically knobs of non-functioning tissue that have calcified or congealed into a mass. We see these in the OR when they are removed. What Dolan’s team does acknowledge is that Jahi has a VERY serious “brain injury.” I’m sure not an expert at reading brain MRIs, and will leave further interpretation up to qualified neurologists. But the snippet I saw on their screen looked globally horrific, from my experience.

 The two video snips provided by the Dolan Law Firm, IMO, are not comprehensive enough to demonstrate anything except that Jahi’s body has random spasmodic movements of a hand and foot. We have no context, and nothing to compare these video snips with—for all we know, her body may make random spasmodic movements all day long, and the video with mother coaching is simply “timed” to the spasmodic movements. Nailah Winkfield herself said that hours and hours may go by with no movements, then between 1 and 3 am there is more activity.  Nailah Winkfield interprets this as Jahi being “more awake”—however, the time of day could simply be a rhythmic response. We have no idea how many times Nailah Winkfield has encouraged Jahi to move, and Jahi has not responded. There simply is not enough information in those brief video snips to make any determinations beyond spasmodic movments of the extremities, which is well known in both brain damaged, spinal cord damaged, and brain dead individuals. Like the Lazarus sign (google it), it is impressive to watch in isolation, without proper context or interpretation, which, IMO, is why they used these snips. One snip is from May 20 of this year—were there no more recent video opportunities?

Links to the videos snips:
http://youtu.be/jsSeM0RVKuA
http://youtu.be/yh4YC-XjG9k
http://blog.sfgate.com/stew/2014/10/03/jahi-mcmath-videos-released/



I also wanted to just touch base briefly on Dolan’s team’s comments that Jahi’s hypothalamic- pituitary- ovarian axis must somehow be intact or functional, since Jahi has had menarche (started her first period.) We have to remember that Jahi was a relatively normal, but very overweight, 13 year old adolescent when the events of last December happened. She was on the verge of menarche when she became brain dead, and had obvious breast development in pictures. That means that until she was brain dead, her hypothalamic- pituitary- ovarian axis was intact and presumably functioning normally. Additionally, her excess body fat would have made her reproductive system somewhat more responsive to endogenous estrogen, which is also produced by fat tissue, as well as reproductive organs. There are studies of children who have experienced traumatic brain injury, with damage to the hypothalamus and the hypothalamic- pituitary- gonadal axis, and still experienced precocious puberty.



http://en.wikipedia.org/wiki/Hypotha...93gonadal_axis


http://www.jpeds.com/article/S0022-3...497-3/abstract



I don’t pretend to understand all of the endocrine issues at the level of a specialist physician or scientist, but I know enough to understand that reproductive systems can continue to function in catastrophically brain injured, as well as brain dead individuals, who were previously normal before the traumatic injury. We see brain dead pregnant women being maintained for varying lengths on life support measures to gestate the end of a pregnancy to viability for the fetus. We also saw Marlise Munoz in Texas, at the end of the first trimester, be maintained on life support for weeks to months, after suffering brain death. Even the young boy who was brain dead from meningitis at age 4, for 20 years, went on to develop some secondary sex characteristics, such as pubic hair,and axillary hair, although his testicles never descended. At autopsy, his brain was a calcified into a small lump at the base of the skull. That suggests that there are some corporal mechanisms in children and adolescents for some parts of reproductive maturity to occur, in the absence of hypothalamic- pituitary- gonadal axis function. 



For example, it would be very interesting to know whether or not Jahi has experienced ovulation, or if she has menstruation in the absence of ovarian function. Either way, I am highly skeptical whether the presence of vaginal bleeding (which may, or may not be actual menarche) in Jahi is proof that she has some level of intact hypothalamic- pituitary- ovarian axis for stimulation of reproductive hormones.

To summarize, I’m not persuaded by what was communicated at the Dolan Law Firm press conference yesterday, demonstrates that Jahi McMath is “alive again.” If the family and their attorney chooses to pursue this line of thought in the courts and official agencies (Health Department, Department of Health and Human Services, Medical Examiner—as directed by Judge Grillo), they will have to submit Jahi for extensive testing by impartial experts with appropriate background and education.

Links to documents filed by Attorney Dolan, and USCF Benioff Children’s Hospital (formerly Children’s Hospital Oakland) September 30, 2014:

http://www.docstoc.com/docs/172795721/jahidoc100214.pdf
http://www.mercurynews.com/breaking-news/ci_26644995/jahi-mcmath-family-seeks-have-brain-death-ruling

Who are the experts from the Dolan Law Firm:

Phillip Defina, a PsyD Psychologist
http://www.nj.com/news/index.ssf/2012/01/meadowlands_hospital_neuroscie.html

Dr. Prestigiacomo is also on the Board of Directors for Philip Defina's International Brain Research Institute.



http://www.ibrfinc.org/bio_charles_prestigiacomo.htm



Elena Labkovsky is a PhD Psychologist educated in Russia, specializing in mental health of adolescents.

http://www.afgfamily.com/index.php?rmm=Meet%20the%20Staff

Dr. Calixto Machado, a Cuban neurologist

http://www.changesurfer.com/BD/
http://www.biomedexperts.com/Profile.bme/861718/Calixto_Machado

And some of his many publications: (Scroll past the map for a list, and also note that he and Defina are co-authors on the first 2013 journal article).

Wednesday, March 26, 2014

Jahi McMath: No News on This Case



 Jahi McMath
Source: Facebook - Keep Jahi McMath Alive Page
UPDATE 3/28/2014
LA Times Now Article - Mother of brain dead Jahi McMath says daughter is "still sleeping" 

March 26, 2014
I want to thank the many T&T readers who have emailed me, to keep me up to date with the latest postings from Jahi McMath's family.  I apologize if I have not responded to you personally. Real life responsibilities to Mr. Sprocket's business, my own business, and lastly, the several Los Angeles County murder cases I'm covering have been taking up all of my time.

Reality check: there is no news on this case. Jahi McMath is still brain dead. We don't know where she is (buried or hooked up to machines in a health facility) or what is the current condition of her body.

Anything the family (mother, uncle, aunt, siblings, friends) says at this point -on Twitter, Instagram, Facebook, etc.,- about brain dead Jahi McMath is not credible information.  Even if the family issued a statement via a public relations firm or an attorney, those statements would not be credible either. They cannot be believed. Many of the statements are shocking and draw lots of commentary, but they are meaningless in light of the brain death diagnosis and issuance of a death certificate in December 2013. I believe the statements by the family are self serving and need to be taken with a grain of salt.

Back to reality. There has not been an independent evaluation of Jahi McMath since her medical condition was tested by a court ordered physician. End of story.

Also keep in mind that nothing we say or do, will have an impact on the family's behavior at this point.

I went over the comments in KZ's last post, and have added all the links to news articles that readers provided to the Jahi McMath Quick Links Page. If there is an article I've missed, please leave it in the comments on this story and I will add it as soon as I can.

In the comments, T&T reader Jenny McLelland offered to write "...a guest post addressing what trach and trach-vent kids really are."  Jenny, if you're still reading, please contact me via email.

I have not forgotten about posting that timeline I mentioned last month. My reality is, I have not been able to devote any time to reviewing and verifying the accuracy of the timeline. I apologize.

Monday, February 10, 2014

Jahi McMath: Frequently Asked Questions, Part II


 Alleged feet of Jahi McMath, in response to ice. Source: Video 
originally posted on a Facebook Jahi McMath support page.

GUEST ENTRY by KZ!

This is Part II, of a two part series by T&T's guest writer, KZ, a Certified Registered Nurse Anesthetist. I asked KZ to share some of her thoughts on what might be happening to Jahi's body. Part I covered questions 1 and 2. You can find Part I HERE. Sprocket

Jahi McMath: Frequently Asked Questions, Part II

3. Where is Jahi? Could she be in someone’s private home getting care?


I haven't ruled out a private home setting either. Or perhaps a church building, etc.

They have a large following of supporters. Some of them are bound to be nurses aides, LPNs, or RNs. It is possible that they have accepted donated machinery, hospital bed, and supplies, and donated volunteer nursing services. That would keep costs down. And keep things very quiet and away from the media. The grandmother is an LPN-- she probably has a lot of connections to people who know how to do physical care. A small cadre of dedicated volunteers, who agree to keep quiet, could accomplish the task for a while.



I've cared for people on ventilators in the back of transport military planes, in the back of trucks, in tents, etc. If you know how to set up some equipment, oxygen, meds, IV's, and work out the electrical and oxygen issues, etc, it wouldn't be hard to set up a place to provide custodial care to a body, especially if it were classified as a home care situation. That is essentially what the "facility" in New York was going to do. I imagined that they were going to put her in an empty office space at their main building (the one without automatic doors, lol!) if she ever arrived there.



I do think the coroner knows where they took Jahi's body. I think that was almost certainly part of the arrangement to release her body to Mrs. Winkfield. It's standard procedure when a body is released to family members for transport, or for religious/ cultural rituals, etc. Basically, the receiving person has to fill out forms and disclose what they intend to do.



I think we will continue to hear occasional social media reports of "She's doing great! She's healing every day, and responds to her mother's touch", right up until the day that it is announced that she has been called home to be with God. I expect there will be an enormous funeral, eventually, with thousands in attendance. They do have a really amazing number of supporters, whatever we may think about that. Since everything they are doing is framed within their faith, there is no way for them to lose face within their religious community of supporters, IMO. If she rises up and lives, prayer worked. And if she doesn't, then God called her home, and they will continue to praise God. Their supporters will be there for Mrs. Winkfield's emotional needs when the time for the funeral comes, I think. 



But then I think that they will immediately become immersed in the process of litigation, which will go on and on for years on end. I really hope the other kids are having their needs attended to, and have returned to some kind of regular routine. Sadly, instead of mourning their sister, I think that this atmosphere of prolonged "conflict", followed by litigation, will define their childhood. I feel like their identity has been buried in all this, with all of the adults around them focused on prolonging the "conflict". Jahi might actually BE the only one in this whole mess who is "healing". JMO.

4. What kind of care would Jahi’s body need, wherever she is? Is she just laying there like she is asleep? Does she look normal?


Just a guess, as I have no earthly idea what they really are doing, or hope to accomplish.



My best guess is that Jahi's body is not receiving the same level of care and monitoring that is "possible" in an ICU setting, or even a med surg bed in an acute care hospital. If I had to generalize, I'd say what they may be doing could be classified as "custodial care" or possibly palliative care (though palliative is an odd descriptor for a patient who is deceased).



There is an adage in palliative health care that you don't do a test if you don't want to know the answer (meaning, you don't intend to treat).



I could be wrong , but I think any labs potentially being done would probably be "bedside" labs, such as a urine dipstick, urine specific gravity, or a fingerstick blood glucose. As far as "send out" labs to monitor kidneys, liver, etc, I doubt that they are doing this. A LTC center would not have an in house lab, so would have to send out. (And may not have in house ability to draw labs into the proper tubes, etc.) If she is at a private home, same. And whose name would be put on the send-out lab tubes? The bigger question is what would be done with abnormal results? It's not like they are going to put her body on peritoneal or hemodialysis if her kidney function is wildly abnormal. I think they probably have a very limited ability to correct electrolyes. I suspect her liver function tests would be pretty abnormal at this point.



I know a body has diabetes insipidis for a "while" following brain death, but I have no idea if it continues beyond 6 weeks to 2 months duration? If she is still having DI symptoms, they might "chase" it with vasopressin to slow down how fast she is losing fluids, and try to keep her BP up, but if her kidneys are in the process of shutting down, I could also see retention of fluids and low urine output. They might be giving her thyroid hormones, but the dose wouldn't necessarily be dependent on a lab value. All this is dependent on a doc to write a prescription, and a pharmacy able to fill it.



Her heart is only 13 years old, and even with the cardiac arrest, must still be in good enough shape to pump regularly and sort of effectively without too much intervention. Pre load and after load is a big issue, as her body has lost the ability to regulate the expansion and contraction of her peripheral circulatory system. I doubt they have ability to do hemodynamic monitoring beyond external BP (blood pressure) cuff pressures. 



She may or may not have a central IV access line, but I doubt they would use it for central venous pressure monitoring. I seriously doubt she has an arterial line for BP monitoring and blood gas analysis, so any ventilator setting changes would be based, probably, just on physical symptoms, perhaps end tidal CO2, and pulse oximetry. And "guesswork". 



I suspect her body is refractory (less able to respond) to a number of vasoactive drugs at this point. She may no longer be responsive to vasopressin. Who knows? There aren't too many health care providers who are "experts" at caring for brain dead patients 2 months out from brain death.



I highly doubt she would be a candidate to receive blood products, so monitoring those labs might be kind of pointless.



I think they probably provide hygiene care, skin care, turning, bathing, mouth care, lubricating eyes, trach care, peri care, etc. All that is fairly straight forward, and doesn't require a high level of skill, except trach care. I think she probably has lots of lung issues at this point-- even with antibiotics. Lots of atelectasis (small airway collapse) fluid filled areas, "pus" and either dried out thick secretions, or soupy secretions. She has no ability to mobilize secretions, so is dependent on suctioning, aerosolized humidification and medications, and maybe lavage (fluid instilled to thin secretions). They might be dripping some tube feed solution into a PEG. They might be giving IV vitamins or hyperal (TPN), and/ or lipid solution. Who knows what their capability is?

I do know that she will progressively deteriorate. Her periphery, in particular, is vulnerable to dehydration (tip of nose, lips, ears, fingertips, toes), as well as poor circulation. Eyes are vulnerable to drying out and becoming gummy on the surface, and would need protection and frequent lubrication. Her gums and the lining of her mouth may slough. Fungal infections, like thrush, are a constant issue, and she may have a coated tongue (white patches), or it could be blackened if her mouth is open all the time, or may look sort of normal. (There is only so much you can do with a sponge on a stick and a toothbrush.) Areas of skin compression may not have circulation restored just by turning her in bed. (I don't want to think too much about perineal care issues, but things like fungal infection is a realistic issue down there, too, along with urinary tract infection, etc. She may have a urine foley catheter, or be diapered. There may, or may not be bowel issues.)

And then you also have issues of contractures from immobility. Hands and wrists would need to be splinted, in normal position, as well as have range of motion. Needs heel protectors, and foot drop splints, in addition to the sequential compression devices seen in the video. All of the physical care that would ordinarily be given to someone with PVS or comatose condition.



From CHO report, she was very unstable just with turning. I can't imagine doing upper and lower body range of motion twice a day or so, with all of the issues. She may be quite stiff in her limbs, joints, and spine. (Not rigor mortis, just stiffness from immobility.)



I would be very curious to know the date of the video posted on Facebook, then abruptly pulled. If it was recent, her feet look to be in better condition (better hydration, no foot drop) than I would expect. My strong suspicion is that the video wasn't from last week. Why would anyone go to such measures to conceal the embedded data? Almost seems like it was baiting for some kind of response, but unwilling to provide details to authenticate. They could have posted it as a private video, and given the access code to people they approved-- but didn't.



The way that video was posted, altered in the embedded data, then abruptly pulled, seems very manipulative, IMO.



Organ systems will shut down. How long that will take is any one's guess. 



The above is my best guess. I'd be interested in hearing any other health care professionals opinions, too.

5. Are there any odors because she has been dead so long? Is her body decomposing?


One thing that is a bit of a blessing about "odor control" is that Jahi's body is on a ventilator. The breathing circuit is "closed"-- meaning, both the inhalation and exhalation takes place inside of hoses that are not open to room air. The lung secretions are likely to be a dominant source of bad odors at this point, very icky and infected smelling. The circuit on her trach will somewhat contain these odors.



When someone on a ventilator has a breathing tube inserted through the mouth, or as a tracheostomy, the suction catheters can be contained within this closed circuit, with a type of sterile plastic sleeve over the catheter. This is usually the method used in a hospital situation. This way suctioning can occur without disconnecting the circuit every time, thereby the patient has decreased exposure to infection, as well as the staff having less contact with secretions.



There are also suction catheters which require the circuit to be removed from the trach every time, and a clean or sterile catheter is used. A lot of people with long term home ventilator care situations don't need to practice "strict" sterile technique, but instead use "clean" technique.



For those interested, here are some pics of suction catheters, and a guide to "home care" suctioning of pediatric trachs. The procedure is pretty much the same for kids as well as adults. There are some risks with suctioning-- and prolonged or inappropriate deep suctioning can cause low oxygen conditions, as well as serious and abrupt slowing of the heart rate, with abnormal rhythms. Jahi's body can't cough up or mobilize secretions, so she would have to have deep suctioning to get the gunk out. She also can't cough or react to suctioning, so while she may have heart slowing or oxygen issues, it wouldn't cause her distress. Long term scarring of her lungs from deep suctioning probably isn't much of a concern, since she is deceased, and we are waiting for her heart to finish.



http://www.tracheostomy.com/care/suction

http://www.bing.com/images/search?q=suction+catheter+for+trach&qpvt=suction+catheter+for+trach&FORM=IGRE

Her PEG probably isn't all that smelly, unless the insertion site has infection. AFAIK, she has no major sources of open infection, like deep bedsores, or infected surgical wounds. Her mouth has no "breath" going in and out, so it may be somewhat smelly if you are close enough, and her mouth is open. (We have a saying in anesthesia that "bad breath is better than no breath at all".) 



We can all imagine the types of odors produced "down below". Many of the odors of the bed bound can be controlled with scrupulous hygiene of the body, prompt changing and replacing of soiled linens, prompt removal of medical equipment containing secretions and body fluids, and odor masking things like scented body lotion, air fresheners, etc. This is a great deal of work, by the way, and requires very dedicated caregivers.



In my experience, comatose patients do have a type of "sickness" odor emanating from the skin itself, but if you are motivated enough, you can manage (but not eliminate) all of the odors associated with a comatose, bed bound patient. It is a lot of work, though. (IMO!)

Sunday, February 9, 2014

Jahi McMath: Emotional and Spiritual Predators

GUEST ENTRY BY KZ!

Jahi McMath; source: Facebook support page.

This is an opinion piece, by guest write KZ, CRNA. KZ is commenting on a new post by Dr. Paul Byrne on February 7, and a post Friday, on the Keep Jahi McMath on Life support Facebook Page

After you read the article, I would like readers to weigh in on this question. Is what Dr. Byrne doing, worse than Jahi's mother's denial? It's quite possible that Mrs. Winkfield is in clinical denial. 

KZ's entry, Jahi McMath, Frequently Asked Questions, Part II, originally slated to post today, will be posted tomorrow. Sprocket.

Jahi McMath: Emotional and Spiritual Predators - by KZ

The Jahi McMath case, by nearly every description, is a violent collision of faith, delusion, manipulation, science, and medicine. The public’s attention was captured with the original headlines decrying the tragedy of a “child” undergoing a “routine” minor surgery, who is now brain dead and going to be “taken off life support” by the big, bad hospital, over the emotional pleas and disagreement of her mother and family. The manipulation of the facts by the mainstream media guaranteed that the public would pay attention to this collision. The public’s attention, over the ensuing 8 weeks, has morphed from sympathy, to confusion, to disgust, to anger, and pity.

In the beginning, there were a lot of people and groups that showed up to manipulate this vulnerable family. In turn, the family was, and is, all too willing to listen and be manipulated, in order to enable their ideas that their tragically brain dead daughter is healing, and improving every day. As of February 7, 2014, the family (or their supporters), continues to proclaim, via Facebook, that they expect a full recovery/ resurrection. They, and their supporters quote Dr. Paul Byrne. Dr. Paul Byrne continues to post essays every week or so about Jahi McMath on his site, and likewise reinforces the family’s ideas that Jahi is not dead, does not have brain death, and will recover.

Remember the mail order psychologist who popped up a few weeks ago? The one with the purportedly Ariel Sharon tested “brain wave machine”, who, incidentally, has been fired from pretty much every reputable job he ever had? So, he started his own “brain wave” institute. (You can’t be fired from your own institute, right?)

Remember the hair stylist in New York, who pretends that she runs an inpatient “facility” for brain injured patients? The one who has no “automatic doors” in her rental space building, and can’t raise the $5000 needed to buy them? The hair stylist who rents space in a building to other independent therapists, who could only be described accurately as providing services to outpatients?  The one who is in the very early process of raising money to continue renovating an old house, that someday she may rent out to residents as a group home? The same stylist who was giving lots of interviews, and willing to “admit” Jahi’s body for care into her “facility”?

Is a snake oil salesman ignorant, or delusional? Is a charlatan opportunistic, cunning, and manipulative? Or is a charlatan simply a misunderstood genius?  Perspective is everything.

http://en.wikipedia.org/wiki/Charlatan
http://en.wikipedia.org/wiki/Quacker

Dr. Paul Byrne is a now-elderly man who trained as a physician 6 decades ago. He has spent the bulk of his career alternately denying the existence of brain death, with proselytizing that brain death was created as a profound evil, to fuel the bigger evil of enabling lifesaving organ donation. He strongly disagrees with organ donation, according to his prolific writings. He is also, in my opinion, an opportunistic emotional and spiritual predator. He has glommed on to Jahi McMath’s sad situation, and every 2 weeks or so puts out another essay about how much Jahi’s mother loves her (true, I am certain), and how Jahi is not really dead. Because her heart beats. And for some reason, he assumes her hypothalamus is “working”, because her body hasn’t yet assumed complete algor mortis. Does he understand the concept of brain death and poikilothermia?

http://en.wikipedia.org/wiki/Algor_mortis

Paul Byrne’s ideas are peculiar in the extreme among mainstream scientists and medical professionals. This is a man who professes to be a medical doctor, who appears to not understand what is routinely taught in basic high school level biology classes and labs. This is a MEDICAL DOCTOR, who denies the existence of  brain death, and spinal reflexes, and reinforces to Jahi’s family that these reflexes are a sign of brain function, healing, and improvement. This is a medical doctor who presumably does not understand that a heart can continue to beat OUTSIDE the body of its owner. This is a medical doctor who apparently believes that the affinity of hemoglobin for oxygen across a semipermeable membrane is more mystical than scientific, and that the inflating of dead lungs by a ventilator is equivalent to “life,” because oxygen exchange can take place. For more than 25 years blood substitutes have been researched, and even a synthetic artificial hemoglobin molecule is capable of exchanging oxygen. That doesn’t make it alive.


As profoundly odd as all that is on a personal level, it pales in comparison to what Paul Byrne has done preying upon the tragedy of Jahi McMath. In my opinion, he is an opportunistic emotional and spiritual predator which is far worse than simply having personal ideas that clash with the mainstream. His peculiar and singularly personal blend of pseudo science, intermingled with his own personal brand of mysticism and Catholicism, denies biological certainties, and has enabled the voluntary delusions of a large mass of people who support Jahi’s mother’s delusions that Jahi will be resurrected.

I would pity this man’s delusions, if I were not so disgusted by his predatory and opportunistic exploitation of the emotionally and intellectually vulnerable. If he were simply a regular member of public, or even a faith-based personality, I might cut him some slack. But this man proclaims his non-scientific based beliefs, while simultaneously cloaking himself with the mantle of his MD degree to attempt to lend validity to his beliefs. And while posting regular essays about Jahi McMath—and THAT is a whole different ball game. That is exactly the line where he has crossed from simply “holding” his beliefs, into predatory exploitation of a vulnerable family, and those intellectually vulnerable people who support the family’s delusions.

Paul Byrne is actively enabling this family to avoid scientific and medical reality. I personally don’t believe he is doing this for money, or out of a sense of compassion. He has glommed onto this sad and disturbing situation as a public way to further his own odd and peculiar beliefs, and to continue to exploit a vulnerable family. For any health care professional to do that, is, in my opinion, profoundly unethical, immoral, and despicable.

Paul Byrne has a right to proclaim his beliefs all he wants as a private citizen, but in my opinion, he needs to leave Jahi McMath’s family out of his proselytizing. Enough people have exploited this unfortunately brain dead 13 year old, and her family. We don’t need someone with an MD degree, who definitely knows better, to continue to exploit her—there are enough other charlatans and manipulators in line to do so. Paul Byrne, I call on you to look inside yourself and be an ethical man, and stop talking and writing about Jahi McMath. Stop giving this mother, and this family, and their supporters false hope. Your words are only making the entire situation much worse for the family, and their supporters. Jahi McMath is gone, and has been for 8 weeks, and will never wake up. That is what you need to tell Jahi’s mother, DOCTOR Paul Byrne.

Monday, February 3, 2014

Jahi McMath: Frequently Asked Questions - Part I

GUEST ENTRY by KZ, a CRNA.

 I asked KZ to share some of her thoughts on what might be happening to Jahi's body.  This is Part I of a two-part series. Part II will be posted next week, covering three more topics. Sprocket.

Jahi McMath: Frequently Asked Questions - Part I
by guest writer, KZ

The very sad saga of Jahi McMath continues on. Last week, a Facebook posting put out the information that she is “doing great”, “responds to her mother’s touch”, “healing”, but is “not awake yet.” A brief video clip showing her feet moving was posted, then abruptly pulled off Facebook, but was reposted on YouTube.

1. If those really were Jahi’s feet in the video originally posted on Facebook, how is it possible, if she has brain death, that her feet could move when ice is rubbed on the soles?


Stimulating soles of the feet can produce something called “spinal reflexes”, which are mediated by the spinal cord and peripheral nerves, and does not require higher brain function. Here are some examples.
Changes in spinal reflex excitability in brain-dead humans.

The excitability of proprio- and exteroceptive spinal reflexes was monitored electrophysiologically and clinically during the occurrence of brain death (BD) in 8 patients. After a period of total reflex unresponsiveness, the soleus H reflex attained a steady-state excitability level in 2-6 h. The recovery cycle of this response regained its normal shape at 10-20 h.


Digital responses to mechanical stimulation of the foot sole were evident after 6-8 h.

It is concluded that the human spinal cord reacts to BD with a spinal shock, characterized by sequential recovery of reflex transmission. The overall timing of this process appears to be much shorter than that previously described for the spinal shock following traumatic transection of the cord, but the latter was never studied in the earliest phases.
Changes in spinal reflex excitability in brain dead humans
KZ note, the area that they are stimulating in the video is L5- S1 dermatomes- quite low in the spinal column.

Dermatome (anatomy) - Wikipedia, the free encyclopedia 

Lessons From the Pithed Frog

And this shows what muscles in isolation can do, given the right stimuli

If one were to apply a peripheral nerve stimulator to Jahi's body-- the hand and wrist area, for example, it would be quite easy to induce muscle twitching in response to electrical impulses. If you put the stimulator in certain positions, you can even induce a whole joint to flex or contract (like a wrist). This type of stimulation and response is independent of brain function. It would not be a "reaction" to pain, even though someone who isn't knowledgeable might be tempted to interpret it as "withdrawal to painful stimuli."

Here is a quick example. Train of Four 



2. What could happen if Jahi’s heart stops?

I think it is probable that Jahi's heart will stop while she is still on the ventilator. I don't see them taking her off the vent, and letting her heart stop. Mrs. Winkfield has said many times that she will not remove the ventilator until her heart stops. And it is definitely possible to have cardiac arrest, and also have a ventilator still cycling and blowing air into her lungs.  



If Jahi's heart stops while she is on the ventilator, it depends on "how closely" she is being monitored, how quickly this is detected, and whether or not they have decided to try to do anything about it.



It is "possible" that her heart and other functions (like pulse oximetry) are not being monitored continuously, if she is in a long term care facility. We have no idea what they are monitoring, and the capabilities of the staff and the facility. Particularly if Mrs. Winkfield has decided not to try to do anything medically if her heart enters an abnormal rhythm-- for instance, if she is on palliative care, she may not be on typical ICU monitoring, but just have the ventilator cycling.

If she is receiving heart monitoring and pulse oximetry, and if appropriate alarm limits are enabled and audible, then if her heart enters an abnormal rate or rhythm, the alarms will sound as the limits are violated. Then the staff would have to decide if they are going to attempt to treat whatever is going on (with drugs, and intravenous fluids, and/ or electricity), or "let her go", or call 911, etc. I have no idea what they have decided to do.

If, for example, they have decided to "let her go", hopefully they will silence alarms, allow family to sit quietly with her body, hold her hands, etc, and at some point an appropriate staff member will quietly turn off the ventilator. 



Very seldom does a heart go from a normal rhythm to complete stand still (asystole) abruptly-- it's more likely her heart would experience rate and rhythm abnormalities as a prelude to the final pings of electricity that precede asystole (standstill). That could be minutes, or hours. Often, the final bits of electricity can kick out for 15-20 min or more, once a rhythm has ceased. The other situation, is that the heart continues to put out electricity, but there is no "squeeze" to produce a pulse that can be felt. This is called “pulseless electrical activity.” That is a common ending, too, with that rhythm deteriorating to remnants of electricity that eventually stop. PEA is typically only treatable when there is an obvious thing to fix right away—medical folks call these the “Hs and Ts”, from the ACLS algorithms. Otherwise, it’s a sign that the end has come for the function of a heart.

When I was a young nurse in ICU many, many years ago, I was privileged to see a number of hearts “die” on the monitor, in patients on a ventilator, who were “do not resuscitate” status. We had to leave the vent on and cycling until the doc or resident came up and pronounced them dead. Those patients, in their last minutes, taught me a lot of lessons that have helped me anticipate declines in my patients for my entire career. I feel very privileged to have been able to witness those dying hearts, and learn what I was seeing, without the typical hustle and rush of resuscitation.



There is no suffering for someone with brain death whose heart stops. Their color will become pale (most noticeable in the lips and inner mouth, and the palms, in someone with darker complexion), and the skin takes on an ashy or waxy, pale color as circulation ceases.

 Jahi’s body wouldn't gasp or convulse.

In fact, if she is not on a heart monitor or a pulse oximeter, the staff might not notice that her heart isn't beating well for quite some time. The vent will continue to cycle, even if her heart isn't beating well enough to circulate blood effectively, or if her blood pressure is very, very low.

I want to add that if she is in a home care, or long term care facility, that the monitors themselves are not as sophisticated as an ICU setting. They may not have any central telemetry monitoring-, but may have a type of transport bedside monitor- meaning, only when someone is in the room looking at her monitor would they be evaluating what is going on. We cannot assume what kind of monitoring her body is receiving, or not receiving, since there is really no "standard of care" for the level of care her body is receiving. Basically, they are free to do whatever monitoring they want, or are capable of doing. I doubt she has continuous arterial blood pressure monitoring, for example-- so may be on intermittent blood pressure cycling using an external cuff (such as a dynamap). They might set that to go off every one minute, or set it to go off every 15 min, or longer, etc. Or just manually cycle the automatic BP when they are in the room.I doubt they have noninvasive cardiac output capability (which uses the ventilator circuit to calculate cardiac output). All of this monitoring is dependent on having staff who understand how to do it, and how to interpret it. We just have no idea what the capabilities are where she is.

While Jahi isn't capable, thankfully, of feeling any distress when her heart stops, the living people around her certainly are capable of feeling distress. Whether or not Jahi's family has a peaceful experience when Jahi's heart stops (which it most assuredly will, at some point), depends on the decisions they have made/ are making about what they want to do when that time comes. From what they have demonstrated over the past 6+ weeks, they are in denial about her brain death, and continue to use social media to proclaim her improvement and that she will fully recover. Perhaps they are saying and feeling differently in their private, family moments together. I'm sure we will never know, nor should we.

If Mrs. Winkfield has decided that Jahi's heart is not a "DNR" (do not resuscitate), they she may have made arrangements with the staff and facility to do whatever they are capable of doing to keep her heart going. That means it could be a very emotional, chaotic situation, as well, if they decided to jump on her chest and do CPR, and attempt ACLS maneuvers. As it has been told that she is in a long term care facility, and given that she is legally dead with a death certificate, it is extremely doubtful 911 would transport to any ER. The capabilities of a nursing home, even one with ventilator and IV capability, are extremely limited, when it comes to providing ongoing "ICU" type support during and following cardiac arrest. They might get her heart back for a few minutes, or a few hours more, but there is a limit to how much you can "flog" a dying heart in a brain dead body.

And keep in mind that if Jahi is in a long term care facility, the capability of the nurses (and physicians) is definitely not the same skill level and knowledge level as that of ICU nurses and pediatric intensivists. In other words, most LTC, LPN's and RN's nurses are very good at what they do, but they are not ICU trained and skilled. They would have a very limited ability to know how to run vasoactive IV drips and monitor them, if they even had access to vasoactive drugs in their facility, etc. Long term care facilities don't have the kind of pharmacy support that acute care hospitals do. There is probably no physician in house 24/7 to tell the nurses what to do (if the doc even knows what to do), beyond BLS, (basic life support) and possibly some ACLS interventions. 



What I am getting at is that the stopping of Jahi's heart could indeed be a very chaotic event, and it is also possible that Mrs. Winkfield might "blame" them for not being able to resuscitate Jahi's heart when it happens.

I genuinely hope that the staff "there" is preparing the family for the inevitable, and talking about how to make Jahi's cardiac arrest be as peaceful as possible for the family. I hope this, but I also strongly doubt that anyone is willing to do the intervention with the family that is necessary to get them to the point where they will face reality. Anyone who doesn't speak their party line that Jahi will recover, is summarily dismissed as being "negative", and a "hater", and not trusting God to resurrect her.

All that means is that when cardiac arrest does happen, the family's emotional coping will be hampered even more, and for much, much longer. I wouldn't want to be one of the staff caring for Jahi's body-- I wouldn't trust this family's reactions, based on their conduct over the last 6 weeks. To be continued in Part II, when KZ will address the following questions:
3. Where is Jahi? Could she be in someone’s private home getting care?
4. What kind of care would Jahi’s body need, wherever she is? Is she just laying there like she is asleep? Does she look normal?
5. Are there any odors because she has been dead so long? Is her body decomposing?

Monday, January 13, 2014

Legal History of the Jahi McMath Case

GUEST ENTRY by VenomousFeminist!

T&T is fortunate to have one of our readers, VenomousFeminist, a California attorney, explain the court documents and rulings in the Jahi McMath case. I have verified that VenomousFeminist is a real attorney, licensed with the California State Bar. Sprocket.

Prior stories: 
01/01/14 Jahi's Legacy - by CaliGirl9
01/03/14 The Long, Sad Death of Jahi McMath - by CaliGirl9
01/05/14 Jahi McMath: Merely Dead, or Really Most Sincerely Dead? - by KZ
01/10/14 Jahi McMath: A Body in Limbo - by Sprocket

LEGAL HISTORY OF THE JAHI MCMATH CASE
by VenomousFeminist

There has been a lot of confusion about the court proceedings in the Jahi McMath case, and a number of questions as to why Judge Grillo extended the initial temporary restraining order (TRO) out to January 7,  nearly 3 weeks after the initial  TRO was granted.  I think part of the confusion is that this case has been heard now in three separate courts – the Alameda County Superior Court (state trial court), the First (Second? – the pleading captions vary) Appellate District Court (state sppeals court) and the District Court of California (federal trial court).  Let me see if I can sum up the actions that have occurred in each court, and their outcomes, thus far, to help clarify why the extensions were granted, and by which court.  I’m not going to address CHO’s response unless someone is unclear on their position and specifically asks for clarification, nor am I going to address the merits of the arguments made.

Alameda County Superior Court (incorrectly identified as “Oakland County” by Petitioner in one pleading):

12/20/13 Hearing – ex parte hearing on initial request for Temporary Restraining Order (ex parte means the requesting party doesn’t have to give advance notice to the other side, and can have a hearing without the opposing party present, something that is usually not allowed.  The court disallowed the ex parte request and requested CHO to submit a response prior to the hearing) [Winkfield v. Children’s Hospital Oakland Exhibits Part 1, filed 12/30/13 pgs. 8-74]:

On 12/20/13, Jahi McMath’s family (Plaintiff or Petitioner) filed a request for a Temporary Restraining Order (TRO) and a request for a court order to force the hospital to provide medical treatment for Jahi.  Specifically, the request asks the court for an order to prohibit the Children’s Hospital of Oakland (CHO) from discontinuing ventilation (this is a temporary request initially, with the further request that after the hospital has a chance to respond, it be made permanent), and further asks the court to order the hospital to provide a feeding tube, antibiotics and any other medicines that would support organ function.  At this time, the Petitioner’s court documents describe Jahi as in a comatose condition with brain damage.  They also ask for time to get another opinion on treatment and prognosis for Jahi.

There are three main arguments advanced by petitioner in this document:
  • 1. California law gives the McMath family the right to make medical decisions for their minor child, including the decision to continue ventilation, and if the hospital and family can’t agree, the hospital must make arrangements to transfer the patient (Jahi) to a facility that will provide the requested treatment.  Petitioners cite various provisions of the California Probate Code to support these arguments.
  • 2. There must be evidence that withdrawing life support is in the best interests of the patient or in compliance with their wishes, that when the patient can’t decide for herself, a family member can make that decision, and when the patient’s wishes are unknown, California law errs on the side of preserving life.  A number of California appellate cases are cited to support these contentions.  None of these cases involve brain dead individuals.
  • 3. CHO has a conflict of interest, and shouldn’t be able to benefit by turning off the ventilator because by doing so, they limit their potential damages in a malpractice action.  Interestingly, they state on pg.  25, line 8, “[h]er daughter died . . .”  No statutes or case law are cited to support this argument.
The cases cited in this petition generally detail legal precedent, in the form of California case law, to make decisions in favor of sustaining life-support in cases where the patient’s wishes are unknown, and in giving parents the right to make medical decisions for their children.  (Note, I haven’t read all of these cases, I’m going off what is represented in the court documents, and the quotes of the cases themselves.)  None of the cases cited by petitioners involve patients who have been declared brain dead.

Along with the petition for the TRO, the plaintiff filed a proposed order (this is typical practice), which the court chose NOT to sign.   Typically the court will either sign the proposed order, or have one of the attorneys draft an order for his/her signature.  There’s an image of the areas of the proposed order with items crossed out in the above link that I find quite interesting.  The court in the signed order, declined to order medical treatment as requested by the McMath family, and declined to find that all the facts and allegations in the petition were true and correct.  There are other deletions on the proposed order that are worth looking at as well to get an idea of how limited in scope this initial TRO actually was. (pgs. 46-47) 

What the court does order is for CHO to maintain the status quo (i.e. ventilation) until an independent determination of brain death can be made.  The court does NOT order that the hospital leave Jahi hooked up to a ventilator indefinitely, nor will it order additional treatment for Jahi.  Essentially, what the court does is say, yes, there is a presumption towards preserving life in CA, so let’s get an independent expert in here to resolve the issue of brain death so there’s no question about it on appeal.  A status conference is set for 12/23/13 so the parties can pick an expert.  This is a “win” for petitioner only in that it buys them time to get their own expert – Paul Bryne – before the court. 

12/23 Hearing – Alameda Superior Court (pgs. 76-93 of the above link)


Petitioners request that Paul Bryne is appointed as the independent expert to determine brain death, despite the fact that he’s not licensed to practice medicine in California.  They also ask again for a permanent order to prohibit the hospital from removing ventilator support, and for an order requiring the hospital to insert a feeding tube and provide additional medical care as requested by the McMath family. 

The arguments advanced in this document are as follows:
  • 1. California allows patients to determine their own medical care, and if they can’t, their family can decide for them.  This argument, and much of the case law, is simply recycled from the first brief.  Again, none of the cases deal specifically with brain death.
  • 2.    Latasha Winkfield has a Constitutional right to make health care decisions for her child and force medical providers to comply with her requests.  No statutory or case law is cited to support this argument.
Again the cases cited in this brief deal with California legal precedent, in the form of case law, that supports the right of an individual to determine medical treatment for him/herself.  In fact, the cases cited in this second brief are largely identical to the cases cited in the original brief. 

The court again orders “status quo” until December 30 and appoints Dr. Fisher as the independent expert, which is a huge loss for Petitioner as they were really focusing on getting a feeding tube in place and in granting Jahi’s mom unlimited decision making power over Jahi’s future medical care. A hearing is set for the following day so they can go over Dr. Fisher’s report.  Petitioner’s request to appoint Dr. Bryne is denied. (Modified TRO12/23/13 )

12/24/13 Hearing – Alameda Superior Court


The court issued a written order detailing the reasoning for its findings.  This is typical when it is expected that such an order will be appealed.    (Winkfiled v. Children's Hospital Oakland, Exhibits Part 2, filed 12/30/13 pgs. 60 of 77 through end)

The court denies the Petitioner’s request for continued ventilation and for decision making authority (essentially being able to require the hospital to provide requested medical treatments, such as a feeding tube).  This order also gives some insight into the information provided to the court at the various closed-door hearings.

Judge Grillo admits that while the statute doesn’t specifically require that one of the two physicians making a finding of brain death be unaffiliated with the hospital, because of the allegation of conflict of interest raised in the initial brief, he decided to order a third evaluation for brain death by a doctor unaffiliated with CHO. 

The hearing on December 24 was again a closed door hearing (the closed door nature of the hearings, and the sealing of the medical records admitted into evidence, was at the request of Petitioners) where the findings of Dr. Fisher were addressed, and testimony by one of the CHO doctors who originally made the finding of brain death was heard.  It should be noted that the court states “petitioner’s counsel stipulated that Dr. Fisher conducted the brain death examination and made his brain death diagnosis in accord with accepted medical standards.”  Basically, Mr. Dolan agreed that the determination of death complied with California law.

There was a slight kerfuffle when Mr. Dolan requested a continuance so he could review Jahi’s medical records (which he had recently received) with his expert witness, which was denied by the court on the grounds that it wouldn’t be relevant to the issue of whether the brain death determination was legally sufficient.  This issue reappears later.

The court, at 5 p.m. on Christmas Eve denied the Petitioner’s motion, and dissolved the TRO effective on December 30.  The reason the TRO remained in effect until December 30 was to allow the parties time to file an appeal, which the Petitioner did.

State Court of Appeals


12/30/13 – Petitioners file an appeal to the State Court of Appeals.  (Writ petition)
The Petitioners request to extend the trial court’s order keeping the ventilator on while their appeal of that order is pending.   As part of this request to extend the TRO, the court documents allege there is a facility in New York (probably New Beginnings) that is ready to take Jahi and treat her, and that there is an examining doctor who indicates that Jahi is not suffering from irreversible brain damage. 

The second part, the actual grounds on which the lower court order is appealed, is based on the following arguments:
  • 1. The law allowing the hospital to discontinue respiratory support after a finding of brain death violates Petitioners’ rights to freedom of religion and to privacy under the California Constitution.  The analysis of this argument is basically the same as was alleged in Petitionerss briefs to the lower court – an individual’s right to privacy guarantees them the right to make their own health care decisions – the new argument is that turning off the ventilator and refusing to insert a feeding tube would violate the religious beliefs of the Petitioners.  The case law cited is again virtually identical to that cited in the lower court briefs.  There is no case law cited to support the argument that turning off the ventilator would violate the Petitioner’s religious beliefs.

  • 2.  It was a violation of the Petitioners’ Due Process rights for the trial court to deny Mr. Dolan a continuance to allow time to review medical records.   There is case law cited which generally states what is considered to be due process.  (I did tell you this issue would come back up.)
Thus far, there has been no further action on the appeal that I am aware of.  In light of Jahi having been moved out of CHO, it is likely the appeal will be considered moot (no longer at issue).

District Court of California


12/30/13 – At the same time that the appeal is filed in the California court of appeals to overturn the lower court ruling denying the request to continue ventilator support and to place a feeding tube, Petitioner also filed a federal lawsuit alleging violation of civil rights and various federal laws which apply to persons with disabilities and again requests a order to keep the vent on and to order a feeding tube.  (Federal lawsuit alleging violation of civil rights)

Since this is essentially a complaint, a statement of fact which also says various laws have been violated, there is no case law required . None of the causes of actions (laws that were violated) are substantially different from what has previously been addressed.  The Petitioners’ position has remained consistent – put in a feeding tube, keep the vent on, and allow Petitioner to dictate what medical procedures will be performed by CHO. 

(As an aside, this complaint refers to privacy rights as being granted by the 4th Amendment.  While the 4th Amendment does grant the right to be free from unreasonable search and seizure, the privacy rights being addressed here are typically recognized under the 1st Amendment.  This isn’t really relevant to the legitimacy of the underlying argument, but it’s more evidence of the sloppiness and tortured logic seen throughout Plaintiff’s pleadings).

On December 20, 2013, the district court issued a written ruling in reply that grants part of the request, and denies part.  The court outright denied the request to insert a feeding tube, and set a hearing on the issue of whether ventilation should be continued.  That effectively extended the right to keep Jahi on the ventilator until that 1/7/17 hearing.  Basically, the order mirrors the state trial court order to maintain the status quo until both sides can be heard. 

As we know, this 1/7/14 hearing never happened because Jahi was transferred out of CHO per a mediated agreement before the hearing could happen.  As a result, the TRO was denied, and the underlying case mooted. 

- VenomousFeminist

Friday, January 10, 2014

Jahi McMath - A Body in Limbo

January 10, 2014

Prior stories: 
01/01/14 Jahi's Legacy - by CaliGirl9
01/03/14 The Long, Sad Death of Jahi McMath - by CaliGirl9
01/05/14 Jahi McMath: Merely Dead, or Really Most Sincerely Dead? - by KZ


The last independent information the public received on Jahi McMath was Dr. Heidi Flori's January 3, sworn statement as to the condition of Jahi's body, and following that, Children's Hospital Oakland confirmed to The Oakland Press that her body had been removed from the hospital Sunday evening (1/5).

We still do not know to what facility/hospital Jahi's body was moved. McMath's family and attorney have been tight lipped in that regard, but they have been very vocal when it comes to other information they want to tell the general public.  I believe the first notification that Jahi's body had procedures to insert tracheotomy and gastric feeding tubes came from Omari Sealy's (Jahi's uncle and spokesperson) Instagram page. Family attorney Christoper Dolan told the press the same thing and the media repeated the information.

On the Faceboook Support Jahi Page, there is a photo of someone (mother? sister?) holding Jahi's hand. I understand that there is supposedly another image of someone holding Jahi's hand, alleged to have been posted on Jahi's sister's Instagram or Twitter account. It is unknown when these photos were actually taken. They could have been taken days or weeks before they were uploaded to the web. We just don't know.

With independent information about this case coming to a standstill, speculation abounds on news reports, message boards and blogs as to where Jahi is and how long it will be before her body's other organs begin to fail completely.  Still, there are many issues that I think warrant discussion in this case.

There have been statements made in the comments here that the concept of brain death diagnosis was only made to support organ donation. One of T&T's readers found this study on Pub Med that refutes that claim. It's a good read.

I've started a Jahi McMath Quick Links Page to gather relevant links all in one place. If you have a link that is relevant, please post it on this story and I will add it to the Quick Links. Any and all help in building that page will be appreciated.

I'd also like to pass on some links to a few other documents that hopefully will continue the conversation.  There is a good story in the New York Times discussing Jahi's case as well as that of Marlise Munoz: At Issue in 2 Wrenching Cases: What to Do After the Brain Dies?

CLASSIC CASES IN MEDICAL ETHICS, Chapter 14 by Gregory E. Pence

California Health & Safety Code 1254.4
 
RESEARCH GATE: A clinico-neuropathological study on brain death

Discover Magazine - The Beating Heart Donors 5/2012

The Catholic Key -  Sometimes things are not as they seem by Bishop Finn

01/09/14 San Jose Mercury News - Medical Experts Say Organ Failure Inevitable  

01/10/14 NBC Bay Area: Friends Believe Jahi McMath "Quiet Leader" is Alive

Monday, January 6, 2014

Jahi McMath: Merely Dead, or Really Most Sincerely Dead?

GUEST ENTRY BY KZ!

This is a GUEST ENTRY by KZ. KZ is a CRNA (Certified Registered Nurse Anesthetist), who wrote the excellent series Dr. Murray's Death Drip Explained.  KZ weighs in on Jahi McMath's current condition. 

WARNING: Not for the faint of heart. Sprocket. 



UPDATE 1/9/14: Sprocket here. For answers to medical questions about Jahi's diagnosis and condition, I highly recommend the blog Stories from the trauma bay, written by a physician who blogs under the moniker Doc Bastard.  Doc Bastard has written several posts on the Jahi McMath case. (You can also find a link to his blog in T&T's blog list, on the right.)

Later today, I will working on a T&T "Quick Links" page for this case. Quick Links pages will gather in one place, links to all the stories written on T&T, the court documents, relevant news stories and links to twitter and Instagram pages. If you have a link to a story from an accredited news source, you can email it to me, or leave it in a comment.  

Also, if you have found T&T helpful in understanding what has truly happened in this case, please consider recommending T&T or a specific post on Google. Thank you!


 Jahi McMath
Source: Keep Jahi McMath on life support, Facebook page

Jahi McMath: Merely Dead, or Really Most Sincerely Dead?
By KZ
Last evening, January 5, 2014, the body of Jahi McMath was released by Children’s Hospital Oakland, to the Alameda County Coroner’s office. A Death Certificate has been initiated by the Alameda County Coroner, pending final completion upon the autopsy of Jahi Mc Math at a later time. The Coroner has released Jahi McMath’s body to the custody of her mother, Latasha Nailah Winkfield, for …..

Ongoing care and admission to another health care facility?

Or

Family religious and cultural rituals, including transportation of the body of their loved one, pending final disposition?

Your individual point of view on this tremendously tragic case will determine which of the above phrases you prefer to use to complete the first paragraph.

The family spokesperson, Jahi’s maternal uncle, the family attorney, and the cosmetologist spokesperson for the nonprofit, non-healthcare facility community center in New York (a building which rents space to therapists, not a licensed or regulated health care facility) offering to (care for vs temporarily store) Jahi’s body, continue to advance their agenda that Jahi is merely “brain damaged”, and as such, is entitled to state and federal protections. There is speculation by a number of web commentators and bloggers that this insistence on “brain damaged and disabled” versus brain dead, and “really most sincerely dead” is simply an attempt to preserve Jahi’s “aliveness” in preparation for a flurry of court actions designed at recovering monetary damages in excess of California’s pain and suffering caps. The uncle, in a recorded press conference referred to the number of $250,000 as “chump change”, and suggested that the more appropriate number is $30,000,000. Thirty million versus $250,000. Maybe it’s just me, but it is pretty unseemly to be tossing around these kind of numbers while Jahi is still alive. Or wait—is Jahi alive? Is Jahi dead?

The family took custody of Jahi’s body from the Coroner, and completed whatever process was requested to officially receive HER REMAINS. I can’t apologize for my use of caps there, because I thoroughly believe that the young teen with the bright smile died nearly 4 weeks ago. The last 3 ½ weeks has only been a painful and grotesque battle over who gets her body, and when. A contentious stalemate between a world class health care facility, and a family in the throes of anger, denial, and grief.

For the last 3 weeks, we have all read and heard about what brain death is, and what this family believes it isn’t. We have seen grainy examples of diagnostic tests, and discussions of “electrical silence” from EEG’s, and failed apnea tests. We have marveled and recoiled at discussions of spinal reflexes, and forced ourselves to watch videos of unfortunate souls with brain death who demonstrate Lazarus sign.

But for just a few paragraphs, I’d like to talk about another difficult set of facts that apparently none of the mainstream news reporters are willing to research and discuss. Possibly out of respect and deference to a grieving family, or for some other unknown motivation, I don’t know. Let’s talk about an anatomical certainty for a just a minute.

I am convinced most who read here are well informed about the process for determining brain death, the bedside tests and assessments, as well as the electroencephalograms and SPECT radionuclide perfusion tests demonstrating complete lack of blood flow in brain death.

Approximately 3-5 days after a determination of brain death, a process called “autolysis” begins in the brain dead individual’s brain. To put this in very blunt terms, the non-perfused brain begins to soften and liquefy, coagulating into a congealed mass of dead tissue, enzymes, and other products of cell death.

That is a miserable, grievous paragraph to write when you are discussing what has happened inside the skull of a much loved, shy 13 year old young girl with a beautiful smile, but this is what happens in EVERY case of brain death that is prolonged by mechanical ventilation. EVERY case. And I meant to use caps there for emphasis. The absence of blood flow cannot be reversed. Ever. By any means. There is no “waiting for the swelling to go down.” Most of the studies cited below are for populations of patients brain dead an average of less than 99 hours (4 days). Jahi Mc Math has been brain dead for at least 24 days, as of January 6, 2014.

From: The Paradox of Brain Death, by Pauline W. Chen
While normal brain tissue is firm, a brain that has been dead shows progressive autolysis, a form of biological self-destruction. “It will almost be like soup,” Dr. Harry Vinters, chief of neuropathology at UCLA, recently explained to me. He is the co-author of a major textbook on the pathology of the brain and has performed almost a hundred autopsies on the brain-dead. “It really depends on how long they have been on the ventilator. If they have been on the ventilator for two days, then the brain is grey and softened. But if, for example, a family has had difficulty deciding what they want to do and the patient has been kept on the ventilator for two to three weeks, then there’s tremendous autolysis. The brain gets very swollen, soft, and mushy.” The nerve tissue can become so friable that fragments of brain from the head will break off and float down the spinal column. “Sometimes I’ll be looking at a slide of the spinal cord,” says Vinters, “and I’ll see fragments of cerebellum floating around in the specimen.”
There is no rehabilitation for a liquefied and congealed brain. There is no hope for this individual to ever have any improvement whatsoever. Time and “nutrition” will not heal her brain, because in effect, she has no brain. The organ that was her brain is gone, completely and utterly gone. It is as if she has been “functionally decapitated”. This is what happens in brain death. This is the hard, sad, miserable, awful, grotesque TRUTH about what brain death is.  This is why brain death IS death, and is recognized as death, as certain as cardiac death. No amount of wishing, magical thinking, hope or prayers will bring back Jahi McMath. Jahi does not need our prayers—but her family does.

References:

Wikipedia: Single-photon emission computed tomography

Nuc Med Resource: Brain Death Scan

NCBI: Stability and Autolysis of Cortical Neurons in Post-Mortem Adult Rat Brains

NCBI: On the Autolysis of Brain Tissue

SPRINGER: Autolysis of the granular layer of the cerebellar cortex in brain death

RESEARCH GATE: A clinico-neuropathological study on brain death

VQR: The Paradox of Brain Death

Friday, January 3, 2014

The Long, Sad Death of Jahi McMath: The Circus in Oakland—There Are No Winners


Brain death: Hot nose sign. This occurs because there is no blood flow to the internal carotid artery, blood flow is increased to the nasal region, which is supplied by the external carotid. Please note: I do not know if Jahi's imaging scans have a hot nose sign. I have included this image as an illustration of brain death. Note no blood flow to the cerebral cortex. 

UPDATE 1/5/14: 10PM 
The San Jose Mercury News has posted a timeline of events.
UPDATE 1/5/14: 9:15 PM
The San Jose Mercury News reports:
Jahi McMath was quickly and quietly moved from Children's Hospital of Oakland Sunday evening, the hospital confirmed.
snip
David Durand, chief of pediatrics at the hospital, sent a news release just after 8:30 p.m. confirming she was moved. 

"A short while ago, the body of JahiMcMath was released by Children's Hospital & Research Center Oakland to the coroner," he wrote. "The coroner has released her body to the custody of her mother, Latasha Winkfield, as per court order, for a destination unknown.
UPDATE 1/5/14: HIPPA - US Dept. Health Website
Previous story: Jahi's Legacy
Latest story: Jahi McMath: Merely Dead, or Really Most Sincerely Dead?

The family of brain-dead/brain-stem dead teenager Jahi McMath had their day in court. I’ve been enjoying local media reports that characterize the decision as a “victory” for the family. My reading comprehension tells me that CHO now doesn’t “need” or require speaking to the transporting or receiving facility. All they need to do is show up, and the hospital will let their critical care team move Jahi from a bed to a gurney. Jahi’s “critical care staff” will disconnect CHO’s ventilator from her endotracheal tube and attach to theirs, take her IVs or central lines as they are, her urinary catheter, EKG leads to their own monitor, and pulse oximeter finger sensor. CHO will give a report on her conditions, copy of the medical treatments; go over most recent labs, and that’s that. CHO’s responsibility ends and it is now on the mother of the deceased teen.

CHO is NOT being compelled by the court to insert a tracheostomy or a gastric feeding tube, and it is not compelled to let an outside critical care do it. In other words, they make take the body and whatever is attached to the body, save the devices that belong to the hospital.

The family’s lawyer, who shall go unnamed because I do not want to contribute to his publicity, makes the dual claim that the family is still looking for a physician to do the tracheotomy and gastrostomy, and then states there are unnamed doctors willing to do the procedures, and then concludes with the remark that the procedures will not be done in the critical care ambulance that supposedly will pick up Jahi’s remains.

Anticipating for the absurd here, because this case has told me anything can happen.  The medical devices necessary—a ventilator with oxygen, cardiac monitor, probably IV pump—can be rented, with a doctor’s prescription.  I seriously doubt any reputable doctor would write such a ‘script. Additionally, renting medical devices is very pricey, and because there is no insurance, any medical supply will no doubt ask for lots of cash up front.  She will need IV fluids, a peripheral IV catheter changed at least weekly, if not more often, and if the vasopressin is still in use, a prescription needs to be written and amounts prescribed.

The temporary restraining order in effect until 5 p.m. January 7 is still in place and according to Superior Court Judge Grillo will not be renewed or revised.

In other words, the family has until Tuesday, January 7 at 5 p.m. to move the body.

If the New Jersey “facility” is real, there’s a huge storm heading to the Northeastern United States. I’m pretty sure a medevac jet will not risk a crew by flying into that sort of weather on a non-emergency flight of a deceased body.

In the hospital’s attorney’s brief, the statement was made that CHO staff is “demoralized” by the court’s forcing them to care for a dead girl, and that the family’s demanding of the surgical procedures “grotesque and unprecedented.”

Doing my usual perusal of the Internet and message boards, it was revealed in a television report  (a local SF station) by the teen’s uncle that she’d had two other surgeries to correct sleep apnea, and that she had nocturnal enuresis (bedwetting) because of the obstructive apnea.


Message board comments have said family court documents reveal that Jahi’s body has diabetes insipidus, which is a known complication of brain death.

There are also remarks that Jahi’s mother, grandmother and stepfather all suctioned her oropharynx when bleeding started, before summoning an ICU nurse. Hearsay, yes, but remember, families and visitors of other patients are not bound to silence by HIPAA.  Did they worsen the bleeding by too-aggressive suctioning?

The nurses’ notes are going to be critical. Any student RNs out there, learn from this case now, before it happens to you.

For those asking how long a body can be sustained on a ventilator, I am trying to find bona-fide medical data. Most of the standardized research is on baboons and pigs, and it is hard to find a study where every body received the same treatments at code, and are receiving the same medications. I did leave a couple of long comments with my previous post. Suffice it to say, a brain-dead body identified as an organ donor receives a great deal of treatment, because of hormonal and electrolyte imbalances.  The pituitary gland provides feedback for all of the hormone-producing body parts such as the thyroid, pancreas and adrenal glands. Those electrolyte imbalances result in cardiac failure. Jahi’s body is not being treated to preserve the organs, and the courts have not ordered the hospital to treat her body as such.   I encourage any critical care RNs (KZ where are you?) or physicians who would like to explain the physiology. My brain is sleep-deprived and it’s not disseminating information very well.  I am honestly having nightmares over those Lazarus effect videos, and not much grosses me out.

As far as I can tell, there is still a federal court hearing on Tuesday regarding Jahi’s civil rights and ADA rights being violated.  I have not heard of results of federal mediation results as I write this.

 I will continue to look for the completed briefs, but in the meantime, the new agreement is posted here.

Thank you for your intelligent, (for the most part) adult commentary. T&T readers are the best!

Twitter Pic of alleged agreement between family and hospital

CBS San Francisco - Death Certificate Issued for Jahi McMath

CNN Video - Legal Battle over Jahi McMath

San Francisco Gate - Hospital Agrees to let Family take Jahi

NBC Bay Area - Family Cleared to take Teen from Hospital