A California court gave this mother one-week to keep her 2-year-old toddler in life support. The one-week extension was given after two hospitals declared the toddler to be brain dead.
Jonee Fonseca filed a petition in court, requesting for the issuance of a permanent court order that would compel Kaiser Permanente Medical Center to keep Israel Stinson in life support. However, Judge Kimberly Mueller ruled on the negative, giving weight to the determination of the two hospitals that the toddler was already brain dead.
Judge Granted Only 1 Week
Fonseca was trying to find another facility that will be able to care for Israel. Confronted with time constraints, her last ditch effort to keep her son alive was to seek the court order from Judge Mueller, which was granted only for a week. According to ABC News, Fonseca will still appeal Mueller's decision.
Still Responding To Touch
Although declared by two hospitals as brain dead, Fonseca refused to believe that his son could no longer be revived. Fox 40 reported that according to Fonseca, the toddler responded to her touch. That moment was captured by Fonseca in a video, where it was seen that Israel stirred when she touched him.
Kevin Snider, the attorney of Fonseca will be appealing Mueller's decision to the 9th U.S. Circuit Court of Appeals. The decision of Mueller was grounded on the following: "While Ms. Fonseca's maternal instincts and moral position are completely understandable, the concerns reviewed here suggest she is unlikely to obtain the relief she seeks."
Depriving Toddler The Dignity Of Death
On the other hand, the attorneys representing the hospital where Israel is confined said that the toddler's condition will not improve. The attorneys also said that giving Israel futile care, which will not benefit his condition, will be depriving him of the dignity of death.
The chief of staff of the hospital, Dr. Chris Palkowski, said that their hearts go out to the family of Israel who are trying to cope with the condition of their son. Ironically, while the hospital's hearts go out to the family, they also say as enunciated by their attorney that keeping Israel in life support is futile care that deprives the toddler the "dignity of death."
