Federal judge to rule whether toddler declared brain dead can be kept on life support

ByTiffany Wilson KGO logo
Monday, May 2, 2016
Judge to rule whether toddler can be kept on life support
A federal judge will rule on whether a toddler from Roseville who has been declared brain dead by doctors can be kept on life support.

ROSEVILLE, Calif. -- A federal judge is expected to make a decision in a heartbreaking case. The question is if a Roseville couple can keep their son, who doctors declared brain dead, on life support.

Israel Stinson, 2, suffered complications from an asthma attack that left him without oxygen. Israel's parents want the judge to force doctors to keep him on feeding and breathing tubes -- procedures California hospitals won't perform on a dead or brain dead patient. Israel's parents also want to move him to New Jersey, where the law allows them to keep him artificially alive.

The case is similar to that of Jahi McMath. Her parents won a long legal battle to move her to New Jersey after a drawn out legal battle. Doctors declared her brain dead following tonsil surgery at Children's Hospital in Oakland in 2013.

The Stinsons have also taken their son's case to court and they expect to hear back from a federal judge today.

"He's not exactly the same that we want him to be. But that doesn't mean that he's dead. And that doesn't mean that we have to let go and start planning a funeral," said Jonee Fonseca, mother.

The family set up a GoFundMe account to raise money for continued treatment.

McMath's family posted the photo on Facebook in March with a message that reads in part, "Jahi as healthy and beautiful as ever, proving the naysayers wrong."

Her family says she is responding to commands to move her fingers.