<p>^^yeah, what does race have to do with it?</p>
<p>The legal definition of brain death that California uses is similar/the same as in 25 other states according to the local paper. (Yes, that means that 25 states differ.)</p>
<p>zoosermom, So sorry to hear you lost your sister so young. Your situation seems different because you were effected because your parents had to be focused for months on their still living child who must have had some kind of medical issue. I totally get that focus. The extreme focus on a child who has already been declared legally dead to the probable detriment of other living children is what I struggle with.</p>
<p>Zooser, I’m almost positive I read in one of the several articles over the last few days that the address was known. If not, then my thought process is seriously flawed (this wouldn’t be this first time). :o</p>
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I brought race into the matter in my own opinion. I DID NOT accuse anyone else. My view is that in light of our racial history, it is a wonderful thing that a black family with no money and no connections has full rights under the law, even when their position is not popular. I celebrate that and find it a wonderful, amazing, almost miraculous thing. And I stand by my opinion.</p>
<p>If you find me contentious, that’s fine. I’m good with that. My position is and always has been that Jahi is dead. She died on the day the hospital said she did. But the family was within its rights to file suit seekign the independent examination. THat is the totality of my position.</p>
<p>blueiguana, if the location wasn’t known previously, I’m sure it will soon be. But it is a fantastic question as to what rights/obligations are held by the provider of ambulance/emergency medical services. (We have both public and private providers here, and I have no idea who provides those services in the Oakland area).</p>
<p>And they got that independent examination (so their rights were protected).</p>
<p>Asking EMT’s to potentially now have to provide treatment to legally declared dead people is grotesque. Their job is difficult enough without now having to respond to requests to intervene in a situation where someone is already dead. As Flossy said, you really cannot make this stuff up.</p>
<p>Every American has full rights under the law. Race has nothing to do with it.</p>
<p>Exactly. Their rights were protected and the examination found Jahi dead. The only delay is in allowing the federal court to speak. That’s it. The briefs in the federal court had been due on Friday, so it is completely reasonable for the human beings who would have had to read and decide on them to have the weekend plus Monday to do so. That’s all I am saying and all I have been saying. The state court judge didn’t hire a witch doctor or do anything untoward. He ruled immediately and then stayed because the federal court had to rule. Of course, it settled, but that’s why the drag-on. It takes time to write and read legal papers, it really does. If you look at the filings that have been posted and see the team of lawyers who are actually working on all that, it will seem more reasonable.</p>
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and they haven’t always. Maybe you have heard of Jim Crow laws. You don’t have to agree, I don’t care. But I celebrate this as an example of what is right about the American judicial system.</p>
<p>Zooser, this is Oakland, CA in 2014. I think there are almost as many whites as blacks in that city now. But, really.</p>
<p>I really hope the other kids are getting some kind of counseling. I can’t imagine how hard all of this is on them.</p>
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Really what? It bothers you to see someone respect and value something about this country? I see this case as an example of how far we have come. Your opinions are whatever your opinions are.</p>
<p>They have the right to be stupid regardless of what race they are, and they’ve fully exercised that right. </p>
<p>And I have the right to believe that the initial judge significantly added to the problem when he prohibited the hospital from turning off the vent after the outside doctor had confirmed that she was, in fact, dead.</p>
<p>I don’t have any opinions. I have many, many questions. That’s all.</p>
<p>Race and economic status definitely factor into this case. Not everyone has the same amount of trust in institutions and corporate America. Many have reason not to trust. It relates to the same reasons the jury in the OJ Simpson case did not trust the LAPD. They had plenty of reasons not to. </p>
<p>It is also hard to predict where high profile people will come down on the issue. As an example, look for Michelle Malkin’s opinion piece - The Gifts of Jahi. If those ideas were to become mainstream, the organ donor situation in this country would be severely impacted.</p>
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<p>That’s wishful thinking.</p>
<p>“The family does NOT have to accept a settlement and I don’t believe they will.”</p>
<p>They don’t have to accept a settlement, but you can’t force a party to defend itself in court. In state court, the hospital can just allow a default judgment against it and pay the $250k. In federal court, the ADA claims fail when the hospital moves to dismiss. I can’t see any way that a trial occurs.</p>
<p>Can they sue somebody for a lifetime of care for this alive girl hidden away at an undisclosed location to protect her privacy?</p>
<p>To sue somebody for a “lifetime of care,” they’d have to prove that such care was being provided (so there goes privacy) and they’d have to prove that she’s alive (and there goes the lawsuit).</p>
<p>Thank-you…</p>
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<p>Which explains the diatribe of the attorney. He makes the big cash if he can keep the spin machine working to embarrass the Hospital enough to pay them some serious money to go away.</p>