This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath. 1
SAN FRANCISCO (AP) A lawyer for the family of a 13-year-old
California girl declared brain dead after a surgery said Monday that she
has arrived safely at a new location, but that she was in "bad shape."
Dolan said Monday that a critical care team delivered Jahi McMath to
the facility, but wouldn't say where it was located. He said she was in
"bad shape" because of poor nutrition during her hospital stay.
"We are very relieved she got safely to where she needed to be," he said.
who had surgery for sleep apnea at Children's Hospital Oakland and then
had complications, left the facility in a private ambulance shortly
before 8 p.m. Sunday. She was moved by a critical care team while
attached to a ventilator but without a feeding tube.
very bad shape," he said. "You would be too, if you hadn't had nutrition
in 26 days and were a sick little girl to begin with."
uncle, Omari Seeley, said Jahi was "on the ground from beginning to
end" when asked about the move. He said he was there for the transfer
and there were no complications. The comment suggests that Jahi may be
He said of the facility "these people have been
very welcoming with open arms. They have beliefs just like ours. They
believe as we do."
The hospital had wanted to remove Jahi from the
ventilator that is keeping her heart pumping, arguing in court that
Jahi's brain death an absence of blood flow and electrical activity in
her brain means she is legally dead.
David Durand, the
hospital's Chief of Pediatrics, said the girl was released to the
coroner. The coroner then released her into the custody of her mother,
Nailah Winkfield, as per court order, Durand said in an e-mail.
Friday, Alameda County Superior Court Judge Evelio Grillo said Jahi
could be transferred under an agreement with Children's Hospital and the
girl's mother will be held accountable for developments that could
include Jahi going into cardiac arrest.
The Alameda County
coroner's office issued a death certificate for the girl Friday but said
the document is incomplete because no cause of death has been
determined pending an autopsy.
"They may have issued one but we
don't have it. We don't think she's dead," Dolan said. "We got all the
necessary legal paperwork in order to get Jahi out of there." He said
the deal to move the girl came together Sunday.
A court injunction
prohibiting Children's Hospital from removing the ventilator that has
kept Jahi's heart pumping since her Dec. 9 surgery expires at 5 p.m.
Dolan asked for privacy for the caregivers because the issue has raised such strong emotions.
spending weeks in a very public and tense fight with the hospital,
Jahi's family does not plan to disclose any more about their plans for
her continued care until she is resettled, Sealey told reporters on
The hospital has argued since before Christmas that Jahi's
brain death means she is legally dead and she should be disconnected
from the ventilator. It also has refused to fit her with a feeding tube
or a breathing tube that would help stabilize her during a move, saying
it was unethical to perform medical procedures on a dead person.
Hospital spokesman Sam Singer said officials were not informed where the girl was being taken.
"We hope that the family finds peace in this very, very tragic story," he said.
refusing to believe her daughter is dead as long as her heart is
beating, has gone to court to stop the machine from being disconnected.
She has wanted to transfer Jahi to another facility and hoped to force
Children's Hospital either to insert the tubes or to allow an outside
doctor to do the procedures.
Grillo on Friday rejected the
family's move to have the hospital insert the tubes, noting the girl
could be moved with the ventilator and intravenous fluid lines she has
now. He also refused to compel the hospital to permit an outside doctor
perform the procedures on its premises.
Dolan said Friday the
family has located an unaffiliated physician to put in the tubes and
that an outpatient clinic in New York that treats people with traumatic
brain injures has expressed willingness to care for Jahi.
went into cardiac arrest while recovering from surgery to remove her
tonsils, adenoids and uvula along with bony structures from her nose and
throat and palate tissue. Three doctors have declared the girl brain
dead based on exams and tests showing no blood flow or electrical
activity in either her cerebrum or the brain stem that controls
Multiple outside doctors and bioethicists observing the
case have confirmed that a patient in that condition meets the legal
criteria for death and has no chance of recovering.
earlier this week ordered Children's Hospital to keep Jahi on the
ventilator until Jan. 7 at 5 p.m. He said Friday that he would dissolve
the injunction as soon as Winkfield assumes custody of her daughter's