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06/25/2018

Brain Dead Patients Remain in ICU for Months Because of Stays Pending Litigation

A recent order from the U.S. District Court for the Eastern District of Pennsylvania recounts the litigation history in Banerjee v. Children’s Hospital of Philadelphia.


While the mother of a brain dead boy has not won on the merits in four different Pennsylvania courts, she has consistently obtained stays pending litigation. Those stays have now exceeded three months of time.


In life and death cases, courts will often issue stays to preserve the status quo. But the slow and cumbersome nature of court proceedings often means that such temporary stop gap measures become dispositive. The patient does not last as long as the litigation.

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

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