Lawyers for the California hospital argued in court documents that the family’s attorneys have declined to turn over to them the most recent video clips Shewmon said he viewed. The lawyers also said they want copies of the videos so they can independently analyze the footage.
Hospital lawyer Jennifer Still said in a July 6 court filing that “body movements could be easily manipulated.”
Still said McMath was “typically covered up with blankets” in videos previously shown by the family, making it impossible to determine if something might have been occurring under the blankets to make the body move.
“Often the camera only shows a convenient angle, such as a close up of her foot or hand,” Still wrote.
Still said in an interview Monday that since the family has not subjected McMath to tests accepted by the American Medical Association to determine whether someone is brain dead.
Bruce Brusavich and Andrew Chang, lawyers representing Jahi’s family, did not return telephone messages left at their offices seeking comment.
Jahi’s family moved her to New Jersey because of that state’s only-in-the U.S. law that prohibits doctors from removing brain-dead patients from ventilators over families with religious objections. Court records show that New Jersey Medicaid has picked up some of the cost of McMath’s care. Still said she could not disclose the exact amount.
A judge heard arguments on the case July 13 and is expected to rule in the next two months whether to allow the lawsuit to proceed.