Sabtu, 11 Juni 2016

Court Allows Hospital to Perform Apnea (Brain Death) Test over Family Objections

A Virginia court has issued an order permitting a hospital to perform a brain test test over the family's objections.

Here is a quick recap of the chronology:

  • May 11:  2-year-old Miranda Grace Lawson chokes on a popcorn kernel, suffering an anoxic brain injury.

  • May 11: She is transferred to VCU Medical Center, where clinicians determine that she is probably dead.

  • May 19: Patrick Lawson seeks a temporary injunction preventing VCU from conducting an apnea test to confirm that Miranda has died.

  • May 20: The court finds no reason to extend the May 19 TRO. 

  • May 20: The parents physically block clinicians from performing the apnea test.  They also give clinicians a handwritten note objecting to the test.

  • May 23: The hospital files a petition seeking permission to perform the test.

  • May 26: The court holds a hearing and continues the injunction for 10 days, so that the family can find a transfer facility.

  • June 10: The court allows the hospital to proceed with the apnea test. 

The family will likely appeal the ruling and stay its effect pending the appellate court's decision.

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