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'My child is not dead yet': Mother of tonsillectomy teen wins bid to keep 13-year-old on life support for another eight days after releasing video 'showing her responding'

'My child is not dead': Jahi McMath's mother wins legal bid to keep 13-year-old on life support for another eight days after submitting 'video of her responding to voice and touch from her hospital bed' Family of Jahi McMath wins last minute emergency injunction to keep her hooked to life support until January 7 Family of the 13-year-old had been given a deadline of 8pm when the Children's Hospital of Oakland would pull her plug They say they've found a facility in New York City that will take the brain dead teen A judge ruled on Thursday that the Oakland Children's Hospital has the right to take the girl off life support at 5pm on Monday A spokeswoman said, 'This is not transferring an individual in a vegetative state, but a dead body' Jahi was declared brain dead three days after going into cardiac arrest following tonsil surgery Hopeful family claims to have video of Jahi responding to the touch of her mother By DAILY MAIL REPORTER PUBLISHED: 19:29 EST, 30 December 2013 | UPDATED:

  • Family of the 13-year-old had been given a deadline of 5pm ET when the Children's Hospital of Oakland would pull her plug
  • They say they've found a facility in New York City that will take the brain dead teen
  • A judge ruled on Thursday that the Oakland Children's Hospital has the right to take the girl off life support at 5pm ET on Monday
  • A spokeswoman said, 'This is not transferring an individual in a vegetative state, but a dead body'
  • Jahi was declared brain dead three days after going into cardiac arrest following tonsil surgery
  • Hopeful family claims to have video of Jahi responding to the touch of her mother

 

The family of Jahi McMath has stopped the clock in their race to keep officials from unhooking the 13-year-old from life support by winning a last-minute injunction to keep her alive until January 7.

The world held its breath as the fate of the Oakland, California girl was due to be decided at 5pm Pacific time Monday after a judge ruled last week that life support must be removed.

Jahi's desperate family has announced they've found a New York facility they say will accept the brain dead girl and as the deadline came they announced their plans to stop hospital officials from pulling the plug.

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Brief relief: Nailah Winkfield has an emotional moment Monday after learning her daughter Jahi McMath will be kept on life support until January 7

Brief relief: Nailah Winkfield has an emotional moment Monday after learning her daughter Jahi McMath will be kept on life support until January 7

 

Holding on: The life of a 13-year-old brain dead Oakland girl on life support hangs in the balance in the balance as family and the courts wrangle over whether she should be taken off a breathing machine
Wrenching moment: Jahi McMath's mother has a moment of relief after Monday evening's news that her daughter may remain on life support until January 7 after a judge granted a temporary halt to plans to remove the 13-year-old from life support

Wrenching moment: Nailah Winkfield (right) has a moment of relief after Monday evening's news that her daughter Jahi McMath (right) may remain on life support until January 7 after a judge granted a temporary halt to plans to remove the 13-year-old from life support 

Family announcement: Jahi's uncle Omari Sealey (pictured) spoke to reporters Monday evening just before a 5pm Pacific deadline when his brain dead niece's ventilator was due to be switched off

Family announcement: Jahi's uncle Omari Sealey (pictured) spoke to reporters Monday evening just before a 5pm Pacific deadline when his brain dead niece's ventilator was due to be switched off

 

 

 

 

'This is the pretty young girl that I gave life too,' said Jahi's mother Nailah Winkfield as she wiped tears from her eyes following the announcement. 'My child is not dead yet.'

Family spokesman Omari Sealey, the uncle of Jahi McMath, disclosed the plan to seek a restraining order against the hospital where the girl is on a breathing machine.

'We are hopeful one of these (court) actions will forestall the hospital's effort to extinguish Jahi's life,' Sealey said.

Hospital spokesman Sam Singer confirmed that Alameda County Superior Court Judge Evelio Grillo had extended his injunction until 5pm on January 7.

He said that his heart went out to the family but that the hospital had still to get any assurances that Jahi could be moved to another facility.

A facility in New York state is willing to take Jahi, and arrangements have been made for medical transport with a doctor by her side, the uncle said.

Winkfield and her family are now in a renewed race against time to get their little girl transferred to a facility willing to care for a legally dead patient

Winkfield and her family are now in a renewed race against time to get their little girl transferred to a facility willing to care for a legally dead patient

 

'I am just thanking God and everyone who has supported us. I am going to fight with everything I have got,' Winkfield said Monday

'I am just thanking God and everyone who has supported us. I am going to fight with everything I have got,' Winkfield said Monday

 

 

'We have a doctor in CA who will be by her side, door- to-door throughout transfer to NYC,' a representative from Jahi's family said at a press conference outside Children's Hospital of Oakland.

'We have also contracted an air ambulance that has agreed to take her from door to door. We have a doctor who will be by her side throughout this transfer,' he said. 'We need to get her to a hospital that wants to treat her. We are not just crazy people hoping for a miracle. We have doctors who agree with our stand.'

Sealey, a 27-yaer-old scientific recruiter said they're hoping the hospital will budge on its hard line stance against helping Jahi be transferred. 'I think that we are very, very close if the hospital will co-operate.'

The news comes despite doctors and previous judges agreeing that there is no way to bring the legally dead teen back.

Struggle: Jahi's family is pitted against a hospital they've called uncaring in their struggle to keep the brain dead teen hooked to life support. Here, Children's Hospital of Oakland spokesman Sam Singer updates reporters on Jahi's condition December 30. Doctors contend she has no possibility of ever waking up

Struggle: Jahi's family is pitted against a hospital they've called uncaring in their struggle to keep the brain dead teen hooked to life support. Here, Children's Hospital of Oakland spokesman Sam Singer updates reporters on Jahi's condition December 30. Doctors contend she has no possibility of ever waking up

 

 

'Jahi is moving when her mother speaks and when her mother touches her. We have videoed this and produced it to the hospital’s attorney,' Sealey said. 'We have a pediatrician that has seen Jahi and sworn that she is not dead. The family has located a licensed facility in the state of New York that has agreed to take Jahi.'

Winkfield hugged Sealey and cried 'thank God' outside the hospital after hearing the court had extended the injunction

 

 

 

 

 

 

Sealey said the family took video of Jahi responding when her mother touched and talked to her. He also said a pediatrician examined her and said she was not dead.

But hospital spokesman Sam Singer said the girl's movements are involuntary muscle movements that in no way signal someone is alive, according to the Bay Area's ABC7 reporter Laura Anthony.

Regardless of the chances, Jahi's mother held out hope and tried to relish the moments following Monday's temporary victory and called the hospital's treatment of the issue 'disgusting.'

'By the Grace of God she is still living and moving,' she said.

World is watching: Here, Omari Sealey greets well-wishers Frank Somerville and his 9-year-old daughter Callie at Monday's emotional press event

World is watching: Here, Omari Sealey greets well-wishers Frank Somerville and his 9-year-old daughter Callie at Monday's emotional press event

 

Precautions: Officials saw to it that the door to the Children's Hospital of Oakland was barricaded Monday in preparation for Jahi's family's press conference

Precautions: Officials saw to it that the door to the Children's Hospital of Oakland was barricaded Monday in preparation for Jahi's family's press conference

 
Family of McMath says 13-year-old is not dead

'Today was the most stressful day of my life,' she said with tears in her eyes. 'No mother wants to be told the date and the time when their child is going to die.'

Christopher Dolan, the family's attorney, first took to Twitter to announce the family had won the temporary injunction:

'We have extension of TRO until January 7:00 thank you Jesus!!!!!!!!!!!!!!'

Dolan said previously that the family could ask Grillo for more time or file a federal appeal.

Dolan said Monday: 'This child was sitting on death row until today.

'They (the hospital) were hell bent on ending this child’s life today and the court stopped them. A piece of paper has saved her from extinction.

'On that basis this is a victory. But the family should not have to fight.'

Jahi’s grandmother Sandra Chatman, a nurse,  said: 'I believe that Jahi can recover.
We need to look at all options to make sure that she can recover.'

Mother Nailah added: 'We are just happy that the court agreed with us. I think that my daughter is alive.'

Jahi underwent a tonsillectomy at the hospital on December 9 to treat sleep apnea and other issues.

After she awoke from the operation, her family said, she started bleeding heavily and went into cardiac arrest. She was declared brain dead three days later.

The family said on its fundraising website that it had raised more than $25,000 for a possible transfer.

Last minute: Jahi's mother Nailak Winkfield cries during a court hearing December 23 to decide her brain dead daughter's fate. The won a last minute restraining order Monday that will keep Jahi on life support until January 7

Last minute: Jahi's mother Nailak Winkfield cries during a court hearing December 23 to decide her brain dead daughter's fate. The won a last minute restraining order Monday that will keep Jahi on life support until January 7

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Tragedy: Jahi McMath, 13, was declared legally brain-dead after undergoing a routine tonsil removal that dosctors suggested as a means of eliminating her sleep apnea

 

 

Last photos: Mrs Winkfield snapped this picture of daughter Jahi the morning she took her to the hospital to undergo a tonsillectomy that ended up all but ending her life

Last photos: Mrs Winkfield snapped this picture of daughter Jahi the morning she took her to the hospital to undergo a tonsillectomy that ended up all but ending her life

Unexpected: But after coming out of surgery, Jahi started bleeding for the mouth and was eventually ruled brain-dead. The hospital that performed the procedure no longer wants to keep the girl on life support
Unexpected: But after coming out of surgery, Jahi started bleeding for the mouth and was eventually ruled brain-dead. The hospital that performed the procedure no longer wants to keep the girl on life support

Unexpected: After coming out of surgery, Jahi started bleeding from the mouth and was eventually ruled brain-dead. The hospital that performed the procedure no longer wants to keep the girl on life support 

 

 

Still hope? Last week, Jahi's family released this picture of Nailah Wakefield holding her daughter's hand. The family has until January 7 to get the girl transferred to a facility that will take her or face pulling her plug

Still hope? Last week, Jahi's family released this picture of Nailah Wakefield holding her daughter's hand. The family has until January 7 to get the girl transferred to a facility that will take her or face pulling her plug

Doctors at Children's Hospital and an independent pediatric neurologist from Stanford University have concluded the girl is brain dead. Family members, however, said they believe she is still alive.

On Monday, Sam Singer, a hospital spokesman, reiterated the position of the doctors.

'This is one of the most tragic situations imaginable,' Singer said. 'A family has long their young daughter. But unfortunately, Jahi is deceased. No amount of hope, prayer or medical procedures will bring her back.

Singer said patient privacy laws require that any updates about the girl's status must come from the family.

Painful decisions: Alameda County Superior Court Judge Evelio Grillo ruled on Christmas Eve to deny the McMath family's petition to keep Jahi hooked to a ventilator

Painful decisions: Alameda County Superior Court Judge Evelio Grillo ruled on Christmas Eve to deny the McMath family's petition to keep Jahi hooked to a ventilator

'It is in their hands now,' Singer said.

Cynthia Chiarappa, a hospital spokeswoman, has said officials would have to understand the capabilities of the New York facility before allowing a possible transfer.

The hospital also said it would need to confirm there is lawful transportation included in any transfer plan and there is written permission from the coroner.

Doctors at Children's Hospital have refused to perform a tracheotomy for breathing and to insert a feeding tube - procedures that would be necessary to transfer Jahi. The hospital has said it's unethical to perform surgery on a person legally declared dead.

Tragic: Makhai McMath, 8, blows a bubble with her gum as she marches in support of her 13-year-old sister
Tragic: Makhai McMath, 8, blows a bubble with her gum as she marches in support of her 13-year-old sister

Upsetting: Makhai McMath, 8, blows a bubble with her gum as she marches in support of her 13-year-old sister 

 

 

Dede Logan, of Oakland, adds red stars to a poster in support of Jahi McMath in front of Children's Hospital Oakland in Oakland, Calif., on Monday, Dec. 23, 2013

Dede Logan, of Oakland, adds red stars to a poster in support of Jahi McMath in front of Children's Hospital Oakland in Oakland, Calif., on Monday, Dec. 23, 2013

 

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Comment by evolution on January 2, 2014 at 9:33pm

This is a very horrible situation for the family however, the way the hospital spokes person handle the media is cold and heartless. If I was wealthy I would have those doctors who want to preform the procedure to move her flown out from new York moving her back east to someplace where they want to continue to keep her on life support. Few years ago a teenager was brain dead after being in a coma from months and he woke up after doctors and specialist declare him dead but, his family fought to keep him alive. God is good! 

Comment by caroline on January 2, 2014 at 12:10pm
There were a lot of extra circumstances to this tragedy. The girl's procedure was far from routine-it was in fact three complex operations. The girl was declared brain dead by even the outside physician so its not just the hospital saying this. Now long term care facilities are trying to cash in by accepting her. I know people come out of comas after 20 yes or more but this is different and I hope a decision in the best interest of the patient happens before her body starts breaking down around the vent tube. I've seen it and its not pretty. I pray for the family go receive discernment and not get taken by folks looking for their name in the paper and a payday.
Comment by carolyn johnson on January 2, 2014 at 11:39am

when u let her go make sure u find out everything before you put her into the ground those bastered will cover up stuff

Comment by LesleyAnn on January 2, 2014 at 7:38am
...sounds like the Hospital is trying to cover up a problem...hope they don't win...keep hope alive...
Comment by Abundant1 on January 2, 2014 at 1:06am
Amen to that @ a cortez
Comment by a cortez on January 1, 2014 at 6:44pm

the fact that singer said 'NO AMOUNT OF PRAYER WILL BRING HER BACK" I AM PRAYING FOR GOD TO DO WHAT MAN SAYS HE CANT! THE DEVIL IS A LIAR!!!!!!!!!!!

Comment by GospelPan on January 1, 2014 at 1:58pm
I feel for the family , but once you are brain dead you are clinically dead, so I understand the hospitals position. I believe in miracles , but I know miracles are not commonplace in life. It's a tough situation to be in...
Comment by rashid rourk on January 1, 2014 at 12:47am

Is it a case of insurance as the reason the hospital is encouraging taking her off life support?  I understand the hospital's position, but if the family has hope why would they deflate it?

Comment by Big Woman on December 31, 2013 at 9:18pm
This hospital is not God after pushing up against the medical establishment myself and seeing some scary mistakes, we all must do what we think is best for ourselves.The doctors are there to guide us yes, but we must question and analyze their advice every step of the way.
Ultimately everything is in God's hands.Prayers for this family
Comment by Al3x on December 31, 2013 at 8:16pm

I hate how there's a law that you as a mother have No right over your own child. this law is made purposely to start a riot, a rebel, unnecessary actions. I'm not a mother but I can put myself in her position and see how she feels. A parent have no real authority over their own offspring. I cant wait till Satan is sent to the bottomless pit for eternity in the name of God.

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