Jahi McMath's mom clear to take her from hospital - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Jahi McMath's mom clear to take her from hospital

Posted: Updated:
This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath.(AP Photo/Courtesy of McMath Family and Omari Sealey, File) This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath.(AP Photo/Courtesy of McMath Family and Omari Sealey, File)

OAKLAND, Calif. (AP) — A judge said Friday that the mother of a 13-year-old girl who was declared brain dead after tonsil surgery can remove her daughter from a California hospital if she assumes full responsibility for the consequences.

Alameda County Superior Court Judge Evelio Grillo said Jahi McMath can be transferred under a deal with Children's Hospital Oakland that will hold Nailah Winkfield accountable for developments that could include Jahi going into cardiac arrest.

The hospital has declared the girl brain dead and wants to disconnect her from a ventilator. Winkfield has gone to court to stop the move and wants to transfer her daughter to another facility after forcing the hospital to fit Jahi with breathing and feeding tubes or allowing an outside doctor to perform the surgical procedures.

Judge Grillo rejected he family's move to have the hospital insert the tubes, noting the girl could be moved with the ventilator she is now using.

The family's attorney, Christopher Dolan, called the agreement a big step in resolving the dispute.

"This is a victory because we will now not run into any roadblocks with the hospital when we make the efforts to do this," Dolan said. "Time is of the essence."

It was unclear when the girl might be moved and a transfer could depend on the outcome of a separate hearing on Friday before U.S. Magistrate Donna Ryu involving the dispute.

Jahi went into cardiac arrest while recovering from the Dec. 9 surgery and shows no signs of brain activity, court records show.

Thus far, the family has not found a doctor who is willing to insert the tubes, but relatives said they may have found a facility in New York that's willing to care for the girl.

Hospital lawyer Douglas Straus told reporters after Friday's state court hearing that he hopes the family will soon conclude the girl has passed away.

"It's horrible that this child has died. It's also horrible that it's so difficult for her family to accept that death," said Straus, choking up. "I constantly think that wouldn't it be great if they were able to come to terms with the terrible tragic event and that I didn't have to stand in front of you all time after time."

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Local NewsMore>>

  • Chula Vista police officer charged with battery

    Chula Vista police officer charged with battery

    Tuesday, July 29 2014 6:06 PM EDT2014-07-29 22:06:01 GMT
    A Chula Vista Police Department officer was charged Tuesday with four misdemeanor battery counts stemming from an off-duty dispute with his girlfriend's 16-year-old son. 
    A Chula Vista Police Department officer was charged Tuesday with four misdemeanor battery counts stemming from an off-duty dispute with his girlfriend's 16-year-old son. 
  • Crews halt spread of small brush fires near Barona

    Crews halt spread of small brush fires near Barona

    Tuesday, July 29 2014 6:03 PM EDT2014-07-29 22:03:47 GMT
    A string of fires blackened open swaths of brushy land alongside a rural road just south of Barona Creek Golf Club Tuesday, moving toward some buildings but causing no reported structural damage or injuries. 
    A string of fires blackened open swaths of brushy land alongside a rural road just south of Barona Creek Golf Club Tuesday, moving toward some buildings but causing no reported structural damage or injuries. 
  • 3-alarm fire at Brown Field

    3-alarm fire at Brown Field

    Tuesday, July 29 2014 5:40 PM EDT2014-07-29 21:40:23 GMT
    An explosive three-alarm fire engulfed a hangar at Brown Field Tuesday, sending a thick plume of black smoke over the airport and forcing a temporary closure of its runways. 
    An explosive three-alarm fire engulfed a hangar at Brown Field Tuesday, sending a thick plume of black smoke over the airport and forcing a temporary closure of its runways. 
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and Midwest Television, Inc. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.