Jahi McMath's family is running short of time - San Francisco Chronicle

Monday, December 30, 2013

Children's Hospital Oakland officials confirmed Sunday they will turn off the machines sustaining Jahi McMath's body as soon as a legal injunction expires at 5 p.m. Monday unless otherwise ordered by a court.


"Barring any other court-order legal action by the family, the ventilator will be shut off at 5 p.m. tomorrow," said hospital spokesman Sam Singer. "It's tremendously sad, but that's what's going to occur."


The 13-year-old suffered complications and cardiac arrest after tonsil-removal surgery for sleep apnea on Dec. 9. Hospital doctors declared her dead on Dec. 12, although she remained connected to a respirator.


Her family believes Jahi is still alive and has sought another medical facility to take the girl.


Two possible California facilities declined, and officials at Children's in Oakland had no communication or information by Sunday evening about another unnamed option in New York cited by the family. Children's officials said so far no medical center has stepped forward to provide treatment to the body.


"We have been waiting since Friday, Dec. 27 - when we were first told by the family lawyer of a potential facility that might accept the body of Jahi - for a call from a physician to discuss with our medical staff what may be necessary to transfer the deceased," the hospital said in a statement Sunday afternoon. "Our physicians have yet to receive a single call or message from the (New York) facility under consideration."


The family's attorney Christopher Dolan did not respond to requests for comment.


A church fundraiser to support a transfer was reportedly canceled Sunday afternoon. Family members gathered instead for a prayer vigil, according to reports.


An online site collecting donations to pay for a transfer was still active Sunday.


Superior Court Judge Evelio Grillo has agreed with the hospital that Jahi has died. A restraining order requiring the hospital to keep the girl connected to a respirator expires Monday at 5 p.m.


No further court hearings are set for Monday, Singer said.


"Children's Hospital Oakland continues to support the family of Jahi McMath in this time of grief and loss over her death," the hospital said in a statement Sunday. "We continue to do so despite their lawyer's criticizing the very hospital that all along has been working hard to be accommodating to this grieving family."


Children's lawyer Douglas Straus said in a letter to Dolan on Sunday that the hospital has required three conditions to transfer Jahi, including assurance the new facility "understands the current condition of the dead body and what is being done to maintain it under Judge Grillo's temporary restraining order"; there is lawful transportation of the body; and authorization from the coroner to transfer the body.


"The family has not identified any facility with which Children's can have this dialogue," Straus wrote. "Nor have we been provided with a transportation plan or coroner authorization."


Jill Tucker is a San Francisco Chronicle staff writer. E-mail: jtucker@sfchronicle.com


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