Blog RSSBlog.


Court Allows Hospital to Perform Apnea (Brain Death) Test over Family Objections

A Virginia court has issued an order permitting a hospital to perform a brain test test over the family’s objections.

Here is a quick recap of the chronology:

  • May 11:  2-year-old Miranda Grace Lawson chokes on a popcorn kernel, suffering an anoxic brain injury.
  • May 11: She is transferred to VCU Medical Center, where clinicians determine that she is probably dead.
  • May 19: Patrick Lawson seeks a temporary injunction preventing VCU from conducting an apnea test to confirm that Miranda has died.
  • May 20: The court finds no reason to extend the May 19 TRO. 
  • May 20: The parents physically block clinicians from performing the apnea test.  They also give clinicians a handwritten note objecting to the test.
  • May 23: The hospital files a petition seeking permission to perform the test.
  • May 26: The court holds a hearing and continues the injunction for 10 days, so that the family can find a transfer facility.
  • June 10: The court allows the hospital to proceed with the apnea test. 

The family will likely appeal the ruling and stay its effect pending the appellate court’s decision.

This entry was posted in Health Care and tagged , . Posted by Thaddeus Mason Pope, JD, PhD. Bookmark the permalink.

Comments are closed.