SAN FRANCISCO -- A legal appeal filed by the family of Jahi McMath details the family's plea for help as the girl experienced worsening complications after surgery at Children's Hospital Oakland, and says that removing the brain-dead girl from a ventilator "violates her Freedom of Religion and Privacy Rights."
The petition, filed with the 1st District Court of Appeal, asks the appeals panel to set aside an order from Alameda County Superior Court Judge Evelio Grillo that Jahi could be taken off a ventilator at 5 p.m. Monday. Grillo extended that order to January 7 late Monday; it was not immediately clear what effect that move might have on the appeal.
In the document, the family's attorney, Christopher Dolan, says "originally the surgery was uneventful and (Jahi) awoke from sedation in the recovery room speaking with her mother ... (and) asking for a popsicle."
The girl was brought to the intensive care unit, where her mother was told that caregivers would fix her IV, the document states. After 25-45 minutes, her mother found her sitting up in bed and bleeding from the mouth.
"The nursing staff said 'it was normal' and the mother stayed bedside as the bleeding grew increasingly worse," according to the document. "The nurses gave (her mother) a cup/catch basin for (Jahi) to bleed from her mouth into."
Jahi's mother, Nailah Winkfield, asked for help and was again told the bleeding was normal, and was given paper towels to help clean up. Then, according to the document, "the bleeding intensified to where copious amounts of blood were being expelled from (Jahi's) mouth and then nose."
Another request for help from Jahi's family brought a larger container to collect blood, and, later, a suction device. Jahi's grandmother, herself a nurse, "made multiple requests, and then a loud demand, for a doctor."
Jahi "shortly thereafter" suffered a heart attack, the document states, and "fell into a comatose state. ... No one from CHO has explained to (Jahi's mother) why this massive bleeding happened or was allowed to continue to the point where it caused a heart attack and brain damage."
The 1st District Court of Appeal granted a temporary stay through 5 p.m. Tuesday while appeals judges review the case.