Posted on June 29, 2018 at 7:21 AM
For nearly five years, there has been an ongoing dispute over (1) whether Jahi McMath satisfies the neurological criteria for death and (2) whether the neurological criteria themselves satisfy the UDDA statute.
The first of those two questions is now irrelevant, because Jahi has now been declared dead on cardiopulmonary criteria. The now lower value of the medical malpractice case now makes settlement likely. But other families are asking and will continue to ask courts to adjudicate the second question.