13.12.27 Dolan letter

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					2033 North Main Street, Suite 800                                                    DOUGLAS C. STRAUS
Walnut Creek, CA 94596-3759                                                        dstraus@archernorris.com
925.930.6600                                                                                  925.952.5531
925.930.6620 (Fax)
www.archernorris.com



                                             December 27, 2013



VIA E-MAIL CHRIS.DOLAN@CBDLAW.COM

Christopher B. Dolan, Esq.
1438 Market Street
San Francisco, CA 94102

           Re:        Winfield v. Children’s Hospital

Dear Mr. Dolan:

         I write to respond to your letter of December 26. Like your letter, this communication is
not privileged and is admissible as evidence to the full extent permitted by law. Contrary to your
letter, Jahi has already suffered a “complete death.” This was the conclusion of two physicians
on staff at Children’s Hospital as well as Dr. Paul Fisher from Stanford and Judge Grillo.

        Children’s Hospital will of course continue to do everything legally and ethically
permissible to support the family of Jahi McMath. In that regard, Children’s will allow a lawful
transfer of Jahi’s body in its current state to another location if the family can arrange such a
transfer and Children's can legally do so. Children’s is willing to cooperate in this regard even
though Judge Grillo has confirmed that Jahi is deceased and that statutory patient transfer
procedures do not apply here.

           In order to move ahead with a potential transfer:

         1. Your letter states that “you have located a sub-acute facility…which will accept Jahi
given certain conditions.” Please identify this facility so that Children’s can confirm directly the
facility’s willingness to accept Jahi’s body after full disclosure of Its condition—including the
fact that Jahi is brain dead. As part of that process, Children’s will want to learn directly what
terms and conditions, if any, the facility is imposing on the potential transfer so that these
conditions can be considered.

        2. Your letter does not address transportation. Please identify the transportation plan,
including the specific identity of the company that will provide the transportation, for moving
Jahi’s body from Children’s to the new facility.
Christopher B. Dolan, Esq.
December 27, 2013
Page 2


       3. Your letter also does not address legal approvals. At a minimum, the Alameda
County Coroner needs to consent to any proposed transfer since we are dealing with the body of
a person who has been declared legally dead. What steps have you taken to obtain that consent?

         Time is obviously of the essence given the Court’s December 30 deadline. Since you are
telling the media that the transfer is all set, you should be able to provide these details in a matter
of a few minutes. If these details are provided and confirmed, Children’s looks forward to
immediately cooperating in further discussion of the transfer process for Jahi’s body.

                                                   Very truly yours,

                                                   ARCHER NORRIS



                                                   Douglas C. Straus

DCS/aa

C0413001/1724062-1

				
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