Jahi McMath – Major Case Management Conference on Friday

On Friday, March 16, the Alameda County Superior Court will conduct a major case management conference in Jahi McMath's medical malpractice action. One key management issue will be whether the parties will first litigate whether or not the guidelines utilized to determine Jahi dead meet the statutory definition of ''dead" under the Uniform Determination of Death Act. Among the other issues the court will address is whether defendants can reassess whether Jahi is dead. Plaintiffs object because "the test would subject Jahi to grave injury or death" since the test means Jahi would be disconnected from her ventilator for 10 minutes. Notably, the plaintiffs argue that "the notion that the current guidelines for the determination of death may not be appropriate after more than 30 years of use is not novel." They cite the recent New Yorker article and the upcoming Harvard Medical School conference.

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