AgnewBrusavich filed a lawsuit against UCSF Benioff Children’s Hospital Oakland (CHO) for medical negligence during a surgery that caused a 13-year-old patient, Jahi McMath, to suffer severe brain damage.
The lawsuit alleges that Dr. Frederick Rosen, an ear, nose, and throat surgeon at CHO, recommended a risky surgery for Jahi’s sleep apnea despite the fact that less drastic treatments are tried first in pediatric cases. Dr. Rosen noted that Jahi had a congenital condition that would put her at risk of hemorrhaging post-surgery, but failed to notify the girl’s postoperative caretakers. When serious hemorrhaging did occur for hours, CHO doctors did not respond to the nurse's reports of an emergent condition until Jahi was in cardiac arrest. The cardiac arrest lasted for more than two hours, leaving Jahi severely brain damaged and dependent on life support.