Court hearings on Friday paved the way for the family of Jahi McMath to move her out of Children’s Hospital and Research Center Oakland without any obstacles.
Jahi’s family celebrated the small victory in their fight to keep her alive.
“It’s been really up and down and up and down and now we have a blueprint on how to accomplish our objective,” Omari Sealey, Jahi’s uncle, said.
On Friday morning, a Superior Court Judge denied the family’s fourth request to have a breathing and feeding tube inserted into the brain dead 13-year-old, but attorneys agreed upon how Jahi will be allowed to leave Children’s Hospital.
According to Christopher Dolan, the family attorney for Jahi McMath, the process to move Jahi will involve several steps. He said there must be communication between Children’s Hospital and the receiving facility, the family must give the receiving facility paperwork of Jahi’s health care status and she must be transported in an ambulance that can switch her to a portable ventilator.
Dolan also said Alameda County Coroner’s Office will be involved.
“The hospital will give Jahi to the coroner,” Dolan said. "The coroner will then, if we fill out certain paperwork, give Jahi to us. Then we are free to transport Jahi.”
The family must assume all responsibility for Jahi once they take her out of Children’s Hospital.
While the family made progress in court Friday, Jahi’s mother said her daughter is making progress in her hospital bed. Nailah Winkfield said she has noticed movement in Jahi’s feet, legs, arms and upper body.
Winkfield disagrees with the Alameda County Coroner’s Office issuing a death certificate on Friday. Winkfield claimed the certificate was not immediately produced, but she requested one because it was a requirement by Children’s Hospital in order to allow for Jahi’s release.
Children’s Hospital Attorney Douglas Straus said the certificate reflects reality.
“It’s one more piece of evidence that confirms Jahi McMath is deceased,” Straus said.
The family said as they move forward they will not disclose where or when they will be moving Jahi out of Children’s Hospital. They are asking for privacy in the very public battle over life and death.
“I will fight for Jahi every day until my heart stops or her heart stops,” Winkfield said. “I will always fight for Jahi.”
Jahi has been declared brain dead by three doctors following routine tonsil surgery in early December.
Dolan said moving Jahi will be a delicate operation because "she's fragile and she's at risk of her heart stopping."
Later Friday, U.S. District Court Magistrate Judge Donna Ryu held a closed settlement conference in her courtroom in Oakland.
