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06/17/2017

California Uniform Determination of Death Act – Constitutional Challenge

The family of Israel Stinson continues its lawsuit asking a federal court to declare that the California Uniform Determination of Death Act is unconstitutional.


In late May, the State of California filed a motion to dismiss the family’s third amended complaint.  The State focuses heavily on the fact that the CUDDA does not tell physicians how to determine death. Nor does the CUDDA tell physicians to stop organ-sustaining treatment once death is declared.  Therefore, the State argues that CUDDA did not cause Israel any harm, and the family is suing the wrong party.


The U.S. District Court for the Eastern District of California will hear the motion to dismiss later this summer.  Meanwhile, in the Jahi McMath case, the Alameda County Superior Court will hold key hearings on motions for bifurcation and summary adjudication this summer.  

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

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