OAKLAND, Calif. (AP) - A federal magistrate is expected to meet Friday with lawyers for a California hospital and a 13-year-old California girl declared brain dead after tonsil surgery in hopes of brokering a resolution to the ongoing legal dispute over her care.
U.S. Magistrate Donna Ryu will oversee a mandatory settlement conference between representatives of Children's Hospital Oakland and the family of Jahi McMath, U.S. District Judge Saundra Brown said. Settlement conferences are usually arranged to expedite court cases or to end them without a trial.
The hospital and Jahi's mother are locked in a harrowing clash over the girl, who went into cardiac arrest while recovering from the Dec. 9 surgery and shows no signs of brain activity, according to court records.
Children's maintains that Jahi is legally dead and that the ventilator keeping her heart pumping should be removed, but a state judge has ordered doctors to keep breathing machine in place until Jan. 7 at 5 p.m.
The girl's mother, Nailah Winkfield, wants to transfer her to another facility and to force the hospital either to fit Jahi with the breathing and feeding tubes she would need to be moved safely or to allow an outside doctor to perform the surgical procedures.
The hospital's lawyer, Douglas Straus, maintains that Children's Hospital staff has no legal obligation to operate on the body of a dead person, but that the matter remains irrelevant for now because the family has not named a doctor who is willing to put in the tubes or a facility capable of caring for Jahi.
The procedures are likely to figure prominently in Friday's talks. Ryu, the magistrate, told the two sides to be prepared to spend the entire day working toward an agreement and to present her with confidential memos outlining their respective demands.
The issue of the tracheostomy and gastric tubes also is being considered by the state judge who so far has blocked Children's Hospital from removing Jahi's ventilator. Alameda County Superior Court Evelio Grillo has scheduled a hearing for Friday morning so he can speak with the opposing parties about how to handle that part of the case.
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Email Alert Sign Up
Sign up here to receive breaking news stories from KSWT.com and morning updates to your email inbox.
Daisy Cortes was in court earlier this week through her attorney asked for her bond to be reduced. According to published reports her attorney reported to the court that Ms. Cortes was unaware of her fathersMore >>
Daughter of suspected gunman has day in courtMore >>
The most haunted island on earth is a small island right off the coast of Venice, Italy called ‘The Island Of Poveglia. It's beautiful and deserted but it was also a body dumping ground a few hundred yearsMore >>
Spacious Island for sale; includes hotel. May need exorcism. More >>
Living in the desert southwest it's not uncommon to here our military doing what they do best. Just in case; don't be alarmed if you hear low flying aircrafts and jets flying by. This week alone you'llMore >>
Jesus Hernandez-Carlon stood before a judge to be formally charged; Carlon was arrested Monday night after a witness identified him as the man who robbed him at gun point outside a Yuma restaurant. AccordingMore >>
Man suspected of robbing someone at gun-point outside a Yuma restaurant was in court. More >>
YUMA, Ariz. (13 On Your Side) - Yuma police say a dead woman was found in a car parked at Food City on 8th Street on Tuesday night, at around 6:20 p.m. Police are investigating her cause of death andMore >>
Yuma police are investigating the death of a woman who was found in a parked car Tuesday night.More >>
Mexicali--Mexican police found a partially constructed drug tunnel near the U.S. border in Mexicali. Police said the tunnel was presumably being built by drug traffickers. Mexicali's police chief saidMore >>
Mexican police found a partially constructed drug tunnel near the U.S. border in Mexicali. More >>