OAKLAND, Calif. (AP) — A federal judge on Thursday ordered settlement talks between lawyers for a California hospital and a 13-year-old California girl declared brain dead after tonsil surgery.
A federal magistrate will oversee the mandatory talks on Friday between representatives of Children's Hospital Oakland and the family of Jahi McMath, U.S. District Judge Saundra Brown said. Settlement conferences are usually scheduled 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's care. Children's maintains that Jahi is legally dead and that the ventilator keeping her heart pumping should be removed. A state judge originally ordered the hospital to keep the ventilator in place until Dec. 30 at 5 p.m., but an hour before the deadline agreed to extend it until Jan. 7.
The girl's mother, Nailah Winkfield, wants to transfer her to another facility and force the hospital to 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.
"At this point, Jahi has not had nutrition for nearly three weeks. She is in desperate need of a tracheostomy tube and a gastric tube," Winkfield's lawyer, Christopher Dolan, wrote in a motion filed with Judge Brown on Thursday. "The defendant has responded that ... they will not allow such a procedure to be done and will not write discharge instructions that instruct a physician to carry out such orders."
Although another federal judge, Chief U.S. District Judge Claudia Wilkens, already has refused to order the hospital to insert the requested gastric and tracheostomy tubes, the dispute over the procedures is likely to figure prominently in Friday's talks.
The hospital's lawyer, Douglas Straus, has said doctors have 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 issue 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 sides 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 This material may not be published, broadcast, rewritten or redistributed.
A blessing. That is exactly what Kelly Muno is calling what happened to her son, a former San Diego State University baseball star, on Friday afternoon.
San Diego State has suspended one of its fraternities, the university announced in a statement late Friday.
Gun owners had the chance to trade in unwanted firearms for gift cards or skateboards on Saturday, no questions asked, at a gun "buy back" event in southeastern San Diego.
Warm and dry conditions are expected to last through Saturday. Gusty northeast winds in the mountains and valleys are expected to increase the risk of fire danger in the region.
The University of Southern California will pay $215 million in an "agreement in principle" to patients treated by Dr. George Tyndall, a campus gynecologist who has been accused of sexual assault by hundreds of women.
A San Diego Harbor Police vehicle was involved in a crash with a bicyclist early today, officers said.
We all know that San Diego is one of the greatest cities in America for craft beer, but according to a new study by Delphi Behavioral Group, residents of America's Finest City spend over $1,100 a year on alcohol.
If you want to vote in the Nov. 6 Gubernatorial General Election, you should register by Monday, Oct. 22. If you miss the deadline, you may still conditionally register and vote provisionally through Election Day but you will have to register in person at the Registrar of Voters office in Kearny Mesa.