Posted on January 18, 2020 at 3:00 AM
Yet another brain death dispute between parents and clinicians heads to court next week. Clinicians at St. Mary’s Hospital in Manchester determined that 4-month-old Midrar Ali is dead. But his parents contest that determination and want organ-sustaining treatment to continue.
Meanwhile, two brain death disputes are pending in U.S. federal courts.
1. In Fonseca v. Smith, the U.S. Court of Appeals has already received briefing and argument on a challenge to the constitutionality of the California Uniform Determination of Death Act. We are just waiting for the court’s decision. The patient, Israel Stinson, died in 2016.
2. In Lowry v. Beaumont Health, the U.S. District Court for the Eastern District of Michigan is still receiving briefing on constitutional and preemption challenges to the Michigan Uniform Determination of Death Act. Like Midrar Ali, the patient, Titus Jermaine Cromer, Jr., is still in hospital.