Family fights to get daughter’s death ruling reversed

In court documents filed last month supporting the family’s lawsuit to have the death certificate revoked, retired neurologist Dr. Alan Shewmon said videos recorded by Jahi McMath’s family from 2014 to 2016 show the teen is still alive.

Shewmon is a longtime critic of how brain death is defined and has filed similar court papers supporting efforts by McMath’s family to undo the death certificate. The family has previously shown video clips of McMath twitching her fingers, which they said showed she still has brain function.

Several doctors, including two hired by an Alameda County court, have said brain-dead patients can still twitch and move slightly.

Doctors at Children’s Hospital in Oakland, California declared 13-year-old McMath brain dead in December 2013 after a routine tonsillectomy went awry.

Jahi’s mother has previously acknowledged that her daughter’s brain is severely and irreparably damaged. But Latasha Spears Winkfield said her daughter is still alive and her Christian belief compels her fight to keep her daughter on life support.

The case adds to the debate over parents’ right to choose childrens’ medical treatment.

The parents of 11-month-old Charlie Gard announced Monday they were dropping their legal fight in London to stop doctors from switching off their baby’s life support. They previously resisted, arguing that an experimental treatment could extend and improve Charlie’s life.

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