Some parents definitely knows how to keep hope alive. We pray and hope little Israel comes out of this difficult situation alive.
Tubes and wires crisscross Israel Stinson's little body in the heart-wrenching video. Moments after the 2-year-old is tickled under his arm, Israel appears to move slightly on his bed in a Northern California hospital.
"Israel, you have to stop fooling everybody," his mother says in a video posted online by the Life Legal Defense Foundation.
"How long is it going to take? You make Mommy so excited. I know you're going to come out of this, baby. Whenever you're ready."
Israel's parents, Nathaniel Stinson and Jonee Fonseca, await a federal court decision, expected this week, on their request for a preliminary injunction to stop Kaiser Permanente Medical Center from taking him off a ventilator.
Israel was being treated for an asthma attack in early April when he went into cardiac arrest at a pediatric intensive care unit, according to court documents. A neurological exam showed he was brain dead.
His parents transferred Israel to Kaiser in Roseville, the court documents said. Additional exams confirmed brain death, a declaration of death was issued and doctors decided to disconnect the boy from a machine making his heart beat.
The legal fight to give Israel a chance at survival is unfolding in U.S. District Court for the Eastern District of California in Sacramento, where lawyers for his family have argued that denying him medical treatment is a violation of his rights.
The parents also claim that removing Israel's breathing tube would violate their beliefs as Christians.
"The question we're asking is, are we pulling the plug too soon on these patients who have some chance for recovery down the road?" asked Alexandra Snyder, executive director of the Life Legal Defense Foundation, a nonprofit representing the parents.
In a statement Wednesday night, Kaiser's chief of staff, Dr. Chris Palkowski, repeated his earlier position: "Our hearts go out to this family as they cope with the irreversible brain death of their son. We continue to offer our support and compassion to the family during this sad time. We will continue to follow the court's directions."
On May 2, a federal judge issued a temporary injunction against removing him from a ventilator. A state court had earlier ruled that Kaiser complied with necessary legal steps for determining brain death.
On Wednesday, Israel's parents pushed their challenge to the constitutionality of state law. Federal law, they argued, provides an exception for the religious belief that brain death does not exist.
According to the Uniform Determination of Death Act, an individual is dead when he or she "has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem."
That essentially means the brain, an extremely complex organ, no longer enables the organs to function.
Snyder said state law -- more than 40 years old -- fails to take into account the latest neurological research.
The parents hope to move Israel to a long-term care facility.
"We are mentally and physically drained, but spiritually we are stronger than ever because we know that Israel is still very much alive," Fonseca said in a statement before the hearing.
"Three weeks ago, Israel started moving his head and upper body in response to our voice and touch. He has kicked his legs. And he has taken some breaths on his own 'over' or in addition to the ventilator."
On May 2, a federal judge issued a temporary injunction against removing him from a ventilator. A state court had earlier ruled that Kaiser complied with necessary legal steps for determining brain death.
On Wednesday, Israel's parents pushed their challenge to the constitutionality of state law. Federal law, they argued, provides an exception for the religious belief that brain death does not exist.
According to the Uniform Determination of Death Act, an individual is dead when he or she "has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem."
That essentially means the brain, an extremely complex organ, no longer enables the organs to function.
Snyder said state law -- more than 40 years old -- fails to take into account the latest neurological research.
The parents hope to move Israel to a long-term care facility.
"We are mentally and physically drained, but spiritually we are stronger than ever because we know that Israel is still very much alive," Fonseca said in a statement before the hearing.
"Three weeks ago, Israel started moving his head and upper body in response to our voice and touch. He has kicked his legs. And he has taken some breaths on his own 'over' or in addition to the ventilator."
CNN news
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