Thaddeus Mason Pope

Jahi McMath - A Dispute over Brain Death

This page collects primary legal materials from the six (6) court proceedings concerning the "death" of Jahi McMath. For analysis of these materials please see my published articles or blog posts.

Table of Contents

1. California & New Jersey Death Certificates

2. Federal case against California (Status: stayed pending the state malpractice case)

3. Alameda County medical malpractice case (Status: this is the active case)

4. Father's medical malpractice case against UCSF

5. Writ of error case (Status: this was concluded in 2014)

6. Alameda County case against UCSF (Status: this was concluded in 2013)

7. N.D. Cal. case against UCSF (Status: this was concluded in 2013)

California & New Jersey Death Certificates

California Death Certificate (December 12, 2013)

New Jersey Death Certificate (June 22, 2018)

Federal Civil Rights Lawsuit against State of California

N.D. Cal. No. 3:15-CV-06042

Order of Dismissal (Feb. 1, 2019)

Order extending deadlines (ND Cal Dec 21, 2018)

Joint Status Conference Statement (Oct. 30, 2018)

Plaintiff Request for CMC (June 2018)

Plaintiff Status Report (Jan 2018)

Order on Motions to Dismiss (N.D. Cal. Dec. 12, 2016)

Plaintiff Brief on Cal App Decision (July 15, 2016)

UCSF & Rosen Reply in Suppot Motion Dismiss (June 10, 2016)

Plaintiff Opp to Motion to Dismiss (ND Cal June 3, 2016)

County Reply for Motion to Dismiss (ND Cal 05-02-16)

CA Reply for Motion to Dismiss (ND Cal 04-27-16)

Plaintiff Opp to County Motion to Dismiss (ND Cal 04-18-16)

Plaintiff Opp to CA Motion to Dismiss (ND Cal 04-15-16)

Rosen Motion to Dismiss 03-29-16

Rosen Motion to Intervene 03-29-16

Alameda County Motion to Dismiss (Mar. 14, 2016)

California motion to dismiss (Mar. 11, 2016)

McMath v. State of California (ND Cal. Dec. 2015) (Complaint)

Appendix 1 to complaint - death certificate

Appendix 2 to complaint - old MD declarations 1

Appendix 3 to complaint - old MD declarations 2

Appendix 4 to complaint - old MD declarations 3

Appendix 5 to complaint - MRI 1

Appendix 6 to complaint - MRI 2

Appendix 7 to complaint - MRI 3

Appendix 8 to complaint - Death certificate letters; new decls

Medical Malpractice Case (by mother)

Alameda County Superior Court, Cal. No. RG15760730

Entry of Dismissal (Dec. 6, 2018)

Plaintiff Dismissal (Sept. 7, 2018)

Rosen - Case Management Statement July 2018

Winkfield - Case Management Statement July 2018

Bifurcation Order (June 25, 2018)

Application to Clarify Order (June 22, 2018)

Notice of Ruling on Bifurcation (June 15, 2018)

Jury trial set for February 11, 2019

Minutes from Hearing April 19, 2018

Deny Motion to Bifurcate (April 19, 2018)

Court Tentative Ruling on Bifurcation Motion (April 16, 2018)

PTF Reply in Support of Motion to Bifurcate (April 19, 2018)

PTF Response to DEF Objections to Shewmon (April 19, 2018

DEF Opposition to Bifurcation (April 6, 2018)

Still declaration in Support Opposition to Bifurcation (April 6, 2018)

DEF Opposition to Shewmon as Expert (April 6, 2018)

Case Management Order (March 16, 2018)

DEF case management (Mar. 1, 2018)

PTF case management statement (Feb. 28, 2018)

PTF Opp. to UCSF Application to Continue Motion to Bifurcate

Wesman Joinder in UCSF Application

Rosen Joinder in UCSF Application

Howard Joinder in UCSF Application

UCSF Application to Continue Motion to Bifurcate 02-15-18

Shewmon Declaration (Dec. 12, 2017)

Plaintiff motion to bifurcate (Dec. 22, 2017)

Case Management Order for Dec. 19, 2017

Rosen Case Management Statement (Dec 5, 2017)

Herrera Case Management Statement (Dec 1, 2017)

UCSF Case Management Statement (Dec 5, 2017)

Wesman Case Management Statement (Dec 4, 2017)

Howard Case Management Statement (Nov 30, 2017)

Order Denying Summary Adjudication (Sept. 25, 2017)

DEF UCSF Case Management Statement (Sept 27, 2017)

DEF Rosen Case Management Statement (Sept 26, 2017)

DEF Herrera Case Management Statement (Sept 27, 2017)

DEF Howard Case Management Statement (Sept 25, 2017)

DEF Wesman Case Management Statement (Sept 25, 2017)

PTF Case Management Statement (Sept 22, 2017)

Order Denying Motion for Summary Adjudication (Sept. 5, 2017)

PTF Supplemental Brief on Evidence (July 13, 2017)

Minutes from Hearing (July 13, 2017)

Still, 2nd Supplemental Declaration (July 7, 2017)

Still, 1st Supplemental Declaration (July 6, 2017)

DEF Evidentiary Objections (July 6, 2017)

DEF Reply Brief for Summary Adjudication (July 6, 2017)

DEF Supplemental Schneider Declaration (July 6, 2017)

PTF Opposition to Summary Adjudication (June 29, 2017)

PTF Statement Undisputed Facts (June 29, 2017)

PTF Response to DEF Undisputed Facts (June 29, 2017)

PTF - Declaration of Shewmon (June 29, 2017)

PTF - Declaration of Chang (June 29, 2017)

PTF - Declaration of Eck (June 29, 2017)

PTF - Declaration of Bagura (June 29, 2017)

Case Management Order (April 2017)

Winkfield Case Management Statement (Mar. 2017)

UCSF Case Management Statement (Mar. 2017)

Rosen Case Management Statement (Mar. 2017)

Wesman Case Management Statement (Mar. 2017)

Herrera Case Management Statement (Mar. 2017)

Plaintiff Motion to Bifurcate

Howard Case Management Statement (03-2017)

Tentative Ruling on Unseal (Feb. 14, 2017)

Tentative Ruling on Unseal 12-09-16

Defendant Reply Brief Support Unseal 12-06-16

UCSF Joinder in Motion to Unseal (Dec. 1, 2016)

PTF Opp to Motion to Unseal (Nov. 29, 2016)

Winkfield Case Management Statement 09-13-16

Rosen Case Management Statement 08-30-16

Order overruling demurrer (Aug. 2, 2016)

Order continuing case to August 2 (May 3, 2016)

Reassignment of Judge 04-06-16

Joint Case Management Statement 04-04-16

Rosen Opposition to Bifurcation 04-04-16

UUCSF Opposition to bifurcation 04-04-16

Winkfield Motion to Bifurcate (Mar. 18, 2016)

UCSF case Management Statement (Mar. 18, 2016)

Rosen case Management Statement (Mar. 21, 2016)

Winkfield case Management Statement (Mar. 23, 2016)

Order overruling UCSF demurrer (Mar. 14, 2016)

Order overruling Rosen demurrer (Mar. 14, 2016)

Winkfield Opposition to Certification Request 01-27-16

UCSF Request to Certify Appeal 01-27-16

Rosen Request to Certify Appeal 01-27-16

Rosen supplemental brief in support demurrer (Jan 21, 2016)

UCSF supplemental brief in support demurrer (Jan 20, 2016)

Tentative Ruling on Demurrer (Jan 8, 2016)

Case Management Order (Jan. 6, 2016)

Winkfield v. Rosen (Alameda Cty, Dec. 31, 2015) (UCSF Reply support demurrer)

Winkfield v. Rosen (Alameda Sup. Dec. 30, 2015) (Reply support demurrer)

Winkfield v. Rosen (Alameda Sup. Dec. 23, 2015) (Opp to demurrer)

Winkfield v. Rosen (Alameda Sup. Nov. 25, 2015) (Amended Notice Demurrer)

Winkfield v. Rosen (Alameda Sup. Nov. 25, 2015) (joinder)

Winkfield v. Rosen (Alameda Cty, Nov. 2015) (hospital demurrer to FAC)

Winkfield v. Rosen (Alameda Sup. Nov. 23, 2015) (Demurrer, Motion Strike FAC)

Winkfield v. Rosen (Alameda Sup. Nov. 24, 2015) (amendment to complaint)

Winkfield v. Rosen (Alameda Sup. Nov. 23, 2015) (notice related cases)

Winkfield v. Rosen (Alameda Cty, Nov. 23, 2015) (Case Management Statement)

Winkfield v. Rosen (Alameda Cty, Nov. 2015) (FAC)

Winkfield v Rosen (Alameda Sup. Ct. Oct 20, 2015) (order sustaining demurrer UCSF)

Winkfield v Rosen (Alameda Sup. Ct. Oct 20, 2015) (order sustaining demurrer Rosen)

Winkfield v. Rosen (Alameda Cty. July 29, 2015) (tentative ruling demurrer)

Winkfield v. Rosen (Alameda Cty. July 23, 2015) (UCSF reply ISO demurrer)

Winkfield v. Rosen (Alameda Cty. July 23, 2015) (Rosen reply ISO demurrer)

Winkfield v. Rosen (Alameda Cty. July 17, 2015) (Opposition to demurrer)

Winkfield v. Rosen (Alameda Cty. July 8, 2015) (plaintiff case mgmt stmt)

Winkfield v. Rosen (Alameda Sup. Ct., June 19, 2015) (DEF Hospital demurrer) (65p).pdf

Winkfield v. Rosen (Alameda Sup. Ct., June 19, 2015) (DEF Rosen demurrer) (76p).pdf

Winkfield v. Rosen (Alameda Cty. Sup. Ct, Cal., Mar. 2015) (complaint)

UCSF Benioff Children's Hospital Oakland v. Superior Court of Alameda County, No. A147989 (Cal. App. April 13, 2016) (filed)

In early 2016, the medical defendants appealed the trial court's denial of their demurrers. Those appeals were denied by the Court of Appeals and the Supreme Court of California. The case then resumed at the Alameda County Superior Court.

Supreme Court deny petition (Aug. 24, 2016)

Court of Appeals Deny Writ (July 12, 2016)

CMA, CDA, CHA, AMA Amicus Brief (May 2016)

Medical Malpractice Case (by father)

Alameda County Superior Court, Cal. No. RG15796121

McMath v. Rosen (Alameda Sup. Dec. 2015) (Complaint)

Writ of Error Case

Petitioner Motion to Present Additional Evidence (Oct. 8, 2014)

Dolan - October 8, 2014 Press Release

Paul Fisher letter & Objection to Fisher

(5) Physician Declarations and CVs for Petitioner

Writ of Error Corum Nobis (Oct. 3, 2014)