I am the attorney who answered a call for help from Jahi McMath's family in December. I have represented them for free — starting 10 hours before the first order to turn off Jahi's ventilator at Children's Hospital Oakland — as they have fought for their right to make medical decisions for a beloved child.


Despite the incendiary, hateful public rhetoric that has surrounded this case, I believe that self-interest alone should lead most Americans to thank Nailah Winkfield, Jahi's anguished mother, for her courage.

It has been amazing to see how many people think they have a right to an opinion about this child, this mother, this family and the issues in this case. Self-righteous commenters and commentators who have no firsthand knowledge of the facts or the people involved pretend they can somehow know not only what's best for Jahi but what's best for society in such situations. They take it upon themselves to proclaim what will relieve or prolong the family's suffering, what will desecrate Jahi or honor her, and they feel justified in sharing it with the world in mean-spirited terms.



For the most part, those who have attacked Jahi's family argue these simplistic, uninformed points: The family is either stupid, misled by their lawyer or trying to exploit the system. Why can't they simply accept the doctors' decrees? Why should they be different?


What happened to Jahi at Children's Hospital Oakland will most likely be a matter of litigation. But if you were Jahi's mother, would you want the doctors and hospital authorities you believed had contributed to — or even caused — your child to be declared "brain dead" making final decisions about her?

Over my legal objections, Nailah Winkfield was cruelly made to go to the Alameda County Registrar of Births and Death to get a "death certificate" in order to move Jahi out of the hospital to a site where she could receive care. It required the intervention of the coroner because, at first, even the official at the agency didn't want to issue the certificate — after all, Jahi was connected to a ventilator and her heart was still beating.

Those who condemn Jahi's family appear to have no idea that doctor-decreed "brain death" is not sufficient as a declaration of death everywhere in the United States.