Jahi McMath – Tentative Ruling Setting "Separate Trial" on Brain Death

On Thursday, April 19, 2018, at 3:00 p.m., Alameda County judge Stephen Pulido will hear Jahi McMath's Motion for a Bifurcated Bench Trial to Determine whether the American Association of Neurology and American Academy of Pediatrics Guidelines should be applied to the facts of this case to determine whether Jahi McMath meets the definition of "brain death" under the UDDA. The court issued a tentative ruling stating that it "intends to issue a Trial Setting Order that sets a separate trial on the issue of whether Plaintiff Jahi McMath is a person with the capacity and/or standing to prosecute the First Cause of Action of the First Amended Complaint for Professional Negligence."  In the contemplated trial, "the Court will determine whether Plaintiff Jahi McMath meets the legal definition of "brain death" pursuant to the criteria set forth by the Legislature in H&S Code § 7180." Notably: "Although the issue of whether…

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