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(OAKLAND, Calif.) — The family of an Oakland girl, who was declared brain dead after a tonsillectomy, is expected to appear in court Monday, along with hospital officials, where a judge will appoint a neurologist to re-examine the girl’s condition.

The independent doctor, approved by Jahi McMath’s family and the hospital, will perform a brain examination on the 13-year-old later Monday.  The court- and family-approved doctor will present the findings of his or her examination to the judge Tuesday.

McMath was admitted to the Children’s Hospital Oakland on Dec. 9 to have the procedure, but complications arose and she was declared brain dead three days later.  Last week, her family obtained a court order to keep her on life support after the hospital wanted to remove her from the ventilator.

The family told ABC News station KGO-TV in San Francisco they will hold a march and rally later Monday outside the hospital. They said the rally will be peaceful and lawful.

“Jahi’s favorite color is purple,” her uncle Omari Sealey said. “So if you can come out wearing a purple shirt, it doesn’t matter what shade it is.  But if you have a purple shirt, please wear it and march with us Monday morning.”

In an open letter on Saturday, the teen’s mother, Nailah Winkfield, wrote: “Despite what they say, she is alive.  I can touch her, she is warm.  She responds to my touch.  Given time I know (God) will spark her brain awake.”

Winkfield also lashed out at the hospital, writing, “They have been pressuring me to ‘pull the plug.'”

“I can’t. I won’t.  I can’t let them kill my baby a second time,” she added.

But the hospital says tests performed separately by a neurologist and the attending physician indicate that the girl’s entire brain, including stem cells, have stopped functioning.

“Our hearts go out to this patient and her family,” the hospital’s chief of pediatrics, Dr. David Durand, said in a statement last week.  “Unfortunately, we have not been authorized by the family to share information with the public about this matter.  Consequently, we are not able to correct misperceptions created about this sad situation.”

Copyright 2013 ABC News Radio


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