Selasa, 21 Juni 2016

Five Active Brain Death Cases in US Courts

There are at least five ongoing US court cases involving brain death.  They can be grouped into three categories:

Is Family Consent Required for the Apnea Test?

1.  Alex Pierce (San Bernardino County, California Superior Court, though this may now be moot since the patient was transferred  to a Navy hospital)

2.  Miranda Grace Lawson (Richmond Circuit Court, now on appeal to the Virginia Supreme Court)

Is the California Brain Death Statute Constitutional?

3.  Israel Stinson (ED Cal) (the case against Kaiser was dismissed since Israel was transferred but the case against the state continues)

Is Jahi McMath Alive?

4.  Winkfield v. Rosen (Alameda County Superior Court on writ to California Court of Appeal to review the trial court's denial of the demurrers)

5.  Winkfield v. California (ND Cal, completing briefing on motion to dismiss)

Finally, while now concluded, the Aden Hailu case (Supreme Court of Nevada) raises a fourth issue: are the medical standards for brain death measuring what the law requires? 

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