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The LA Superior Court Order in Stinson v. Children’s Hospital

Judge Amy Hogue

On August 18,  2016,  the Los Angeles Superior Court issued a TRO, prohibiting Children’s Hospital of Los Angeles from stopping the physiological support that it was providing to Israel Stinson.  

But on August 25, 2016, the same court dissolved the TRO.  The court determined that the issues in the Los Angeles court case were collateral estoppel and res judicata based on the Placer County court decision.  In other words, the Placer County Superior Court had already determined that Israel was dead on April 29, 2016 (see pages 225-226 of this PDF).  That could not be re-litigated.  

But it is unclear why the family did not make the same arguments that were successfully made in the Jahi McMath case.  There too, a court had earlier determined that Jahi was dead.  Nevertheless, the family has been permitted to put that at issue in the current ongoing case.  

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

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