A mother requested an appeals court to keep her two-year-old son's life support even after doctors declared him brain dead. The woman believes that her toddler, Israel Stinson, is still alive and to her gratefulness, the Court granted her wish.
Jonee Fonseca, mother of the toddler, filed a court appeal to request Kaiser Permanente Medical Center to keep Israel on life support until she finds a hospital that will accept her son. This was after her request for life support extension was initially turned down but the Judge gave her the chance to appeal until Friday.
Her legal counsel, working pro-bono, said that Jonee Fonseca has the right to decide on matters pertaining to her son's health care. They state that California's current determining process for brain death violates this right of Fonseca's (via The Sacramento Bee).
"Every day is a gift, and both we and Israel's family are going to make the most of it by presenting the strongest possible legal arguments and at the same time seeking a better placement where we can have the opportunity to improve and thrive. As long as Israel continues to fight for life, we will be fighting for him," the counsel said in an e-mail to The Sacramento Bee.
On Friday, the 9th U.S. Circuit Court of Appeals granted the mother's appeal. It issued an order that required Kaiser Permanente Medical Center to further extend life support until required paperwork of the baby's transfer is finalized.
According to Jonee Fonseca, she has been looking for another facility to attend to her toddler. As per CBS News, Jonee claimed that she felt her son, Israel respond to her touch after the toddler was declared brain dead because of an asthma attack that led to a cardiac arrest last April 1.
Kaiser Permanente Medical Center maintained, however, that Jonee's son's situation would not improve anymore. The hospital told the court that Israel died a "permanent, irreversible and total cessation of all brain functions." It further said ample time has been given for the Israel's parents to find another facility but they still have not reported any update (via CBS News).
Still, the hospital honors the decision of the court and would help the family with Israel's transfer. It won't cut life support of the toddler until a replacement hospital has been located.
As per Daily Mail, the same situation happened to Jahi McMath and her family. Jahi suffered from cardiac arrest after undergoing a sleep apnea surgery in 2013. A year after she was declared brain-dead by doctors, her family still refused to cut her life support, believing her heartbeat indicates life.
Do you think that when a patient is already declared brain-dead that there is still a possibility that he/she is still alive? Share your thoughts below on the Comments section!
