Letter sent December 27, 2013 to Mr. Chris Dolan from Children's Hospital
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.
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,
DOUGLAS C. STRAUS