Jahi McMath’s mother can attempt to prove she is alive, California court rules

Jahi McMath and mom

UCSF Benioff Children’s Hospital Oakland and Dr. Frederick Rosen took the position that for purposes of the civil trial, Jahi McMath should be recognized as deceased because she was declared legally dead in January 2014.

The court ruled against them.  The First Appellate Court ruled that Nailah Winkfield can try to prove her now nearly 16-year-old daughter is alive.

“Because the trial court found the record at the pleading stage was inadequate [to determine Jahi’s death] and ‘may require a more developed factual record,’ we conclude, under these circumstances, that this matter should not be resolved at the pleading stage,” the court ordered, according to Matthias Gafni of the Mercury News.

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